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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Our employer reduce our salary. Accept it or...

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Our employer reduce our salary. Accept it or resign. For me I resign. Still I have rights to demand my air ticket, vacation pay and other benefits with my employer?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Sharjah
Lawyer's Assistant: Has anything been filed or reported?
Not yet. It happen today July 13, 2019. Our company call us to report to head office.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I just what to know. What benefits I can demand from our employer in our situation now.

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إجابة الخبير: Waleed Al-Helo

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 welcome you to join us in the legal section
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that referring to the UAE Labor Law, termination notice must be in writing
And if its verbally, it shall be according to legal basis or otherwise was an arbitrary dismal
Article (115):
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
*** This is certainly if its violated the following legal texts:
Article (117):
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one year.
One month: if the worker has been employed for not less than five years.
Article (118):
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article (119):
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
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الرد من العميل

Thanks a lot. I just want to know my specific benefits? In my case I have 41days available for my paid vacation leave. If I can demand the full payment of my vacation leave pay?In the reason of reducing salary, The employee was force to resign. Did the employer obliged to shoulder the air ticket of the employee to go home to his/her home place. like me we are hire from the Philippines.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
We would like to inform you that asking for your rights, benefits and leave allowance are your legal and the employer shall pay the leaves allowance according to article 75 from the labor law, according to the salary you got not according to the basic salary.
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.
We are delighted to answer your question, worth to mention that you can also consult our experts on Jawabkom, as Doctors, Nutritionists, Engineers, and the list never ends
Kind Regards,

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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