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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hello Sir, I was terminated on 19 of August and...

تم تقييم هذه الإجابة:
Hello Sir, I was terminated on 19 of August and suspended from work from 4 of August due disciplinary hearing and allegations against me with no evidence. The firm refused to pay my august salary and compensation and i had done 3 years of service with the company with high class performance. However, the allegations against me were in the first place mentioned as solicited kickbacks with vendors engaged with the company. After they had started during eid holidays in August their investigstion, they had called the vendor and he gave proof to my employer that there were no kickbacks. So they had asked him if he borrowed me money and he said yes in private but the (me) had paid it back already. Proof exsist here as well. Bank account statement. My employer terminated me under the article 120 law for borrowing money from person or vendor engaged with the employer. But this was last year and a private matter not related to busienss at all. However, termination was based on that matter and not on solicited kickbakcs which they had accused me in the first place. The firm employer is a cyber security firm with already negative publicity published by new york times and reuters. Saying that this cyber security firm is a spy firm for the government in abu dhabi. If this is right or not is big question mark but they breached my pricate phone to find a whatsapp chat between me and the vendor talking about money. So when i saw the screenshot presented to me in the hearing i figured out that this was a private conversation and asked my employer where he got this screenshot from and empooyer said from internal investigations through the SOC team (security operation center). One analyst looked into my private chat and not on the busienss phone where they supposed to look at in the first place. Question, what can i do, i have family kids and finance obligations. As well as i would like to have my exit package discussed with my employer but based on the fact that i can go public with the privacy breach the firm had done on my phone. So new york times + reuters actually were right they do spy and here they did it first hand with their own employees. I dont want to harm the employer but i want the money i hardly earned over the last three years and more then that because they accused me for something and terminated me for something else

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إجابة الخبير: Waleed Al-Helo

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, the matter is considered an arbitrary dismissal once the worker is charged without evidence and there is no complaint before the Labor Law, therefore entitled to compensation for arbitrary dismissal, as the law stipulates:
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.
Article 56
Workers employed on yearly or monthly wage basis shall be paid at least once a month; all other workers shall be paid at least once every two weeks.
Therefore, with the existence of the complaint before the work and workers and the establishment of judicial action on him can be left in accordance with article (121) may leave the worker without warning in one of the following cases:
A. If the employer breaches his obligations before the worker in the articles stipulated in the contract or the law.
B- If the employer or his legal representative signs an assault on the worker.
**** It also strongly forces the law to give you no objection to change the employer and cancel the visa for the purposes of transfer of sponsorship Legal position to you is good It seems that the employer is trying to harm your rights to disclaim responsibility for you Later we advise against signing and once the facility is closed you can file a complaint and claim all your rights as explained to you
If you have another question, feel free to ask us and we will answer with pleasure.
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Kind Regards,

الرد من العميل

Dear waleed Al-helo,Thank you so much for your response, highly appreciated. As mentioned to you in my first question, the employer called the vendor to find evidence and the vendor was not able to provide evidence due there is no kickbacks as such as put against me in the first place. Now, the vendor expressed to the employer that aside of the non exsiting kickbacks (because of the respect of investigation power from this firm that the amount the vendor borrowed me in private will be declared or seen from the employer as kickbacks. This was the sole reason why the vendor told the employee that he had borrowed me the money but the money was returned. And was for helping me in a rent situation due bounce cheque situation to be avoid. I never did something wrong with this company, i worked hard, i had delivered multiple huge projects always on time. I was terminated for something which is one year back and but started with accusations for solicited kickbacks. So what shall i do next? I want no harm against this firm but the employer do harm me very bad since i have two small kids and wife and we can not pay any rent or financial obligations at the bank such as loan emi. I am feeling lost at the moment but clear in my mind to move into negogiaten with the firm which means i want them to know that they have breached my privacy by looking into my private phone remote to source information which the employee was accused from world known publishers view weeks back and i do not desire to open a court case against employer since i believe the company can accept an offer from my site like a specific amount for compensation. what do i need to do next? So the employer and I find a agreement with support of a laywer in written? What do you suggest me to do?

الرد من العميل

Also to mention that the first accusation which started on 4 of august was not the reason why the employer had terminated my contract with no pay. It was because they were told by the vendor via a call during eid break that he remember he borrowed me some cash to cover my rent. In my employment contract it is mentioned that i can not borrow or take and cash from vendors or people engaged with this organisation. Which i just learned after i have been terminated. So this lending money was last year and fully private and the vendor had no projects at that time with the employer. So they cant be right here to terminate me for something private and getting punished for something where somebody helped to pay my rent and survive as well as to mention that i had escalated my financial issue to HR department and VP of HR for housing allowance to cover my rent. But HR refused to help. So taking a loan was denied by the bank. I had no other choice else borrowing money from a friend (vendor) which became a trusted person. Please advise what to do next?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
We would like to inform you that it was our pleasure to talk with you by phone and you explained your problem in details and we answered you according to the law and you were satisfied. So you have to go to the labor office and file a complaint against the company as they terminated you with arbitrary dismissal and without notice to avoid paying you your labor rights. It is good not to sign the termination letter so you could get your Labor rights and compensation from the company for that.
Anyway, we are waiting you after finishing the complaint in the labor office and get back to us to inform us what happened with you.
Wish that everything goes well with you and get your labor rights, and kindly don't forget to rate our answer from top of the page.
Kind Regards,

الرد من العميل

Thank you very much, highly appreciated. Tomorrow morning will visit labour office in dubai and will share updates accordingly. Best,

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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

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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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