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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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Hi sir I want to know I got the opportunity from a...

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Hi sir I want to know I got the opportunity from a company I have transferable visa and I completed 2 year in my present company I want to move from here to another company but they are given me one month time for join means September 1st can you suggest me it's is possible to leave my current employer in a month

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إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section.
 
We would like to inform you that it is necessary to indicate whether the contract is limited or unlimited  so that you can be directed to terminate the contract legally according to the following:
First: limited employment contracts Duration: The worker shall have the right to terminate his work contract without notification and shall be entitled to his end of service benefit in any of the following cases:
a- If the employer does not abide by the terms of the contract or the provisions of the law;
b- If the worker was assaulted by or by provocation from either the employer or his deputy;
c- If continuing work will endanger his safety and health pursuant to the decision of the medical arbitration committee at the Ministry of Health.
d- If the employer or his deputy committed an act of cheating or fraud with regard to work conditions upon signing the contract.
e- If the employer has accused the worker of committing a punishable act and the final verdict acquitted him.
f- If the employer or his deputy commits an act that violates public morals against the worker.
In the event where the term of the work contract is specified and the contract was unrightfully terminated by either party, the terminating party shall compensate the other party for damage provided that the amount of the compensation shall not exceed the remuneration of the worker for the remaining period of the contract The damage suffered by the parties shall be determined according to trade custom, the nature of the work, the duration of the contract and in general all considerations that may have an effect on the damage with regard to its existence and extent. All debts due to the other party shall be deducted from the value of the compensation.  
Second: Work contracts that are not limited in duration. 
The worker may terminate the contract after informing the employer at least three months before the termination of the contract. If the notice period is not observed, he is obliged to pay the notice period equal to the same period.
Where the labor law provides the civil sector as follows:

Article (44)
In the event where the term of the work contract is not specified, both parties shall have the right to terminate the same by means of a notice to the other party as follows:
a- Three months prior to the termination of the contract for the workers earning a monthly remuneration.
b- One month prior to the termination of the contract for other workers.
In the event where the party wishing to terminate the contract does not abide by the period of notice, he shall be obliged to pay the other party a compensation for the notification period equal to the remuneration of the worker for the same period.
c- In the event where the notification of termination is issued by the employer, the worker shall have the right to be absent one day or 8 hours per week in order to search for other work. He shall also be entitled to his remuneration for the day or hours of absence.
The worker shall decide on the day or hours of absence and shall notify the employer at least one day prior to such absence.
d- The employer may exempt the employee from work during the period of notification while but shall count such period within the worker’s period of service. The employer shall pay the worker all his entitlements and remuneration for the period of notification.

Article 48 stipulates that the worker must terminate the employment contract without notice with the entitlement to end of service indemnity in any of the following circumstances:
If the employer does not comply with the provisions of the contract or the provisions of the law.
B- If he is attacked by the employer or his representative or by an instigation from either of them.
(C) If his continued employment threatens his safety or health by virtue of a decision of the Medical Arbitration Committee of the Ministry of Health.
(D) If the employer or his representative enters fraud or fraud at the time of the contract in respect of the conditions of employment.
(E) If the employer accused him of committing an act, he shall be punished and sentenced 
 
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إسأل Lawyer

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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