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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Hi, good evening sir, my name is til bahadur ale....

تم تقييم هذه الإجابة:
Hi, good evening sir, my name is til bahadur ale. Im working as a scurity guard of prestige general service llc. My visa is already expired on 27-july-2019 .. but my company still giving me duty. When I asked with them to send me back my country they still saying I have one month more to do duty. Im confused here is they right or wrong?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
My visa from dubai
Lawyer's Assistant: Has anything been filed or reported?
Like ?
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Ya on this condition I can go to labour court withou inform my company

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                                        
Thanks for joining and trusting us, much appreciated!

We would like to inform you that in order to find out whether the company is right or wrong, you shall review the employment contract and not the expiry date of the work visa. As the wanted is the expiration date of the employment contract. You shall work until the expiration date of the employment contract and not until the expiration date of the visa.
If the visa expires before the expiry date of the employment contract, the employer shall renew the work visa. If your employer refuses to pay all your dues, you may file a complaint at the Ministry of Human Resources and Emiratisation.
Here is the text of the UAE Labor Law related to your inquiry:
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 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.

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الرد من العميل

Thanks sir. My contract finished with the company on july-3-2019 and my visa finished on july-27-2019. in this company I work since 2011 untill now so I have to work more 1 month after finish my visa date? Shall I stop my duty and go to labour court. If I go to labour court how many days take to send me back my country ?

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                                        
Welcome again!

 You may stop work now after your visa and your employment contract expire, and you may file a complaint.
 We cannot set a specific time for the Labor court to make a decision  to return you to your country. 

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

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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