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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hello, i just want to ask about my son status now....
Hello, i just want to ask about my son status now. He was working in one if a supermarket as packer, checker and delivery boy even if his visa is a Merchandiser and he was assigned in the warehouse. But past week the other checker (HR nephew) mistakenly load the items for delivery in other truck and delivered to the shop. That time my son was on duty to one shop branch, but the manager/HR accused him that it was his mistake even if not, so, he asked the manager/HR to review the camera to proved that he was not in the warehouse that time but they refused. In fact, they told him including the HR nephew and the driver to terminate.. My son staeted working April 2018..but his visa stamped month of July. Last week, he already signed the termination/cancelation
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai..
Lawyer's Assistant: Has anything been filed or reported?
I just want to ask if its ok that he will not report to his work everyday now that he already signed the termination? Company said that cancellation will be done on second week of August
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Nothing.. Only that matter.. I just want to know if its ok that he will not report to his work daily while waiting for the cancellation.. But the company indicate "ABSENT" in the cancellation paper and not the word "Terminate"
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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 according to the UAE Labor Law, if the employer violates the law and terminate your son and create fake reasons without legal reason, then your son can go to the labor office and file a complaint and explain the details as this is consider arbitrary dismissal and the employer has to pay compensation according to the article below:
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.
Moreover, if the employer violation was proved, then the visa could be cancelled by the labor office and grant your son the permit to change the employer without the NOC from the sponsor and keep all his labor rights.
If you have another question related with our section, 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 according to the UAE Labor Law, if the employer violates the law and terminate your son and create fake reasons without legal reason, then your son can go to the labor office and file a complaint and explain the details as this is consider arbitrary dismissal and the employer has to pay compensation according to the article below:
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.
Moreover, if the employer violation was proved, then the visa could be cancelled by the labor office and grant your son the permit to change the employer without the NOC from the sponsor and keep all his labor rights.
If you have another question related with our section, 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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