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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Lawyer

My employer hasnt cancelled me yet until now...

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My employer hasnt cancelled me yet until now starting march 16... they keep on telling me everytime i inquire that the e-signature immigration card is still not done... now they wont give me certificate of employemtn from my new job since i have a new job already after i resigned and my contract is limited and i resignes after 6months so i worked 7 months included with the one month notice already.. so i wasnt able to work for four months and i requested a compensation for the 4 months lost.. basically, a refund for the expenses last 4months ago but the employer is hesitant and will go with the court case.. what is my chances since i want to go on a case as they have a false accusation stating that i was outside uae and theyve been contacting me since may but i was unreachable although all of it is untrue.. please advise
Lawyer's Assistant: Where are you located? It matters because laws vary by location
abu dhabi, uae
Lawyer's Assistant: Has anything been filed or reported?
i already file a complain already and they have until thursday to comply or else it will go to the court
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
thats it

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إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

 

Dear Customer,                                                        

Thanks for joining and trusting us, much appreciated!

We would like to inform you that if you mean the employer, then you have to file a complaint in the Ministry of Human Resources and Emiratisation and clarify the reasons of the complaint and attach the documents that prove your complaint. The labor office will hear the employer, then they will decide and issue the verdict or refer it to the labor court.

 It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that you shall inquire through the Ministry of Human Resources and Emiratisation website

 https://www.mohre.gov.ae/ar/services/enquiry-services.aspx  

We would like to inform you that you will receive the end of service bonus, and you will receive the expenses of your return to your country. You must leave immediately upon the end of your residence visa or search for another job before the end of the visa to transfer your sponsorship to the new work. As long as the contract is of limited type, there is no notice period, as the notice period is in the unlimited contract according to the Labor Law.

Here are the texts of the articles relating to your inquiry according to the Federal Labor Law:

Article (131)

Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service.

Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.

Article (132)

 A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.

Article (133)

A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.


Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.
Article 138
Where a worker under a definite term contract abandons his employment at his own initiative before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds five years.
Article 139
The worker shall be deprived of his end of service gratuity in the following two cases:
a - Should he be dismissed from service for any of the reasons set forth in Article 120 hereof or should he leave his employment in view of avoiding the dismissal there from in accordance with the said Article.
b - Should he leave his employment of his own accord , and without notice in cases other than the ones set forth in Article 121 hereof , and such with regards to contracts with undetermined term , or prior to the completion of five years of continuous service with regards to contracts with determined term

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Kind Regards,

إسأل Attorney

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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