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Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.8%
Hello sir...good afternoon.i am about to resign...
الرد من العميل
because they have told us before if we finish 2 yrs we will receive some graduity..and then last year i renew my contract but now i will resign because i found new job.but i dont know how to calculate what i will receive from them
إجابة الخبير: Fatima Abd El-Wahhab
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 98%
Thanks for joining and trusting us, much appreciated!
We would like to inform you that if your service is terminated by طريقة قانونية, in this case you are entitled to get the travel ticket and return to the place where you were brought from. You are also entitled to a reward for the end of service:
A worker who has completed one or more years of continuous service shall be entitled to end of service gratuity, and shall not enter the days of absence from work without pay in calculating the period of service.
The gratuity shall be calculated as follows:
1. Twenty-one days for each of the first five years of service.
2 - Paying thirty days for each year, which is more than that
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Kind Regards,
الرد من العميل
good afternoon.i just want to ask...if ever i sign an offer letter to another company.but only offer letter.and then i thought to not continue or backout the position.is it possible they will have charges for me?or i will have fine to pay?
إجابة الخبير: Fatima Abd El-Wahhab
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.6%
Welcome, Thank you for joining us,
with all respect and appreciation to you,
According to the mentioned facts, I would like to clarify to you that You can resign the work but you should distinguish between the two cases;
1-if the contract is fixed term then you cannot terminate the contract without the consent of the employer unless in the following cases:
-if the employer fails to commit his obligations towards the worker based on the provisions stipulated in the contract or the law.
-if the employer or his representative assault the worker.
2-if the contract is unfixed term then the worker may terminate or resign from work by notifying the employer 30 days prior to the termination
However, if the worker leave or terminate the job without taking into account the first case or without the procedures in the second case, then the worker should compensate the employer, and the employer may ban the worker to work in the country due to breaching the obligations stipulated in the employment contract.\
The law regulating the relations of the federal labor states as follows:
Article (116)
If the contract is terminated by the worker for other reasons than mentioned in article (121) the worker should compensate the employer of the damage caused by terminating the contract. The compensation should not exceed half a month for each month of the remaining period of the contract, unless there is a provision in the contract stipulating otherwise.
Article (117)
1-the employer and the worker may terminate unfixed term work contract for a legitimate reason at any time after conducting the contact and after notifying the other party in writing at least thirty days prior to its expiry.
2-as for the daily laborers the notification shall be at the following periods:
A- One week if the worker is employed for more than six months and less than one year.
B- Two weeks if the worker has worked for a period not less than one year.
C- One month if the worker is employed for a period not less than five years.
Article(118)
The contract shall remain valid during the notification period referred to in the preceded article and shall terminate on its expiry. The worker is entitled to his full wage for this period based on the last wage, and he should work during this period if the employer requires so.
The parties may not agree on the exemption of the notification condition or to reduce its period, however they may increase this period.
Article (119)
If the employer fails to notify the other party of terminating the contract or reduced the notification period, the party who bound to the notification shall pay a compensation, instead of the notification, even if it did not result in the damage for the other party. The compensation should be equal to the worker’s wage for all or part of the notification period. The compensation shall be calculated based on the last wage the worker is paid. As for workers who are paid monthly, weekly, daily or in hour is based on the average daily wage provided for in Article 75 of this law for those who earn their wages by piece or portion
إسأل Attorney
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.8%
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