إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi
Hi
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Can I switch job within 6 months
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that referring to the UAE Labor Law first, in case the employment contract is definite and you want to terminate it, the termination of the work shall be in accordance with the provisions of Article (113):
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
* Therefore, if the employment contract is terminated without the employer's consent, the employer may report an absconding and impose ban and deprivation on you. The employer may then claim compensation according to Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
*** As for the salaries due to you, it is necessary according to the law to be paid in accordance with the dates prescribed by law and according to the provision of Article (56): Workers employed on yearly or monthly wage basis shall be paid at least once a month; all other workers shall be paid at least once every two weeks.
*** Therefore, if there is a delay in payment of salaries, we recommend using this point and submitting the complaint before the Labor Office and explain the matter in detail with the attached bank statement showing the date of depositing the last salary and therefore if you may prove the violation, you may leave the work with a legal protection without the employer being able to take any legal action against you or claim you of any compensation pursuant to Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
***Regarding your rights, you are not entitled of the end of service benefit since the law stipulated in article 132 that the worker who completed one or more years of continuous service shall be entitled to severance pay at the end of his employment.
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that referring to the UAE Labor Law first, in case the employment contract is definite and you want to terminate it, the termination of the work shall be in accordance with the provisions of Article (113):
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
* Therefore, if the employment contract is terminated without the employer's consent, the employer may report an absconding and impose ban and deprivation on you. The employer may then claim compensation according to Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
*** As for the salaries due to you, it is necessary according to the law to be paid in accordance with the dates prescribed by law and according to the provision of Article (56): Workers employed on yearly or monthly wage basis shall be paid at least once a month; all other workers shall be paid at least once every two weeks.
*** Therefore, if there is a delay in payment of salaries, we recommend using this point and submitting the complaint before the Labor Office and explain the matter in detail with the attached bank statement showing the date of depositing the last salary and therefore if you may prove the violation, you may leave the work with a legal protection without the employer being able to take any legal action against you or claim you of any compensation pursuant to Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
***Regarding your rights, you are not entitled of the end of service benefit since the law stipulated in article 132 that the worker who completed one or more years of continuous service shall be entitled to severance pay at the end of his employment.
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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