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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
My contract with company is open contract for five...
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that if your contract is for a period of 5 years, then this is a definite contract and you may not terminate it before the expiry of its term unless your employer violates the Labor Law and the Employment Contract. In this case, you may terminate it. But If you want to terminate it without justification, you need to compensate the employer. However, if your contract is indefinite, you may terminate it by giving the employer a notice 30 days prior to the expiry date.
In all cases, your labor rights in the event of legal termination of the contract are the end of service gratuity, unpaid salaries, and unpaid leave allowance.
Article 40:
If the service contract is of a limited duration, the duration thereof shall not be more than five years. This period may be renewed for a similar period or periods by agreement of the two parties.If the contract has not been renewed and the parties thereto continue to abide by it after expiry of its duration without an explicit agreement, the contract shall be considered to have been renewed for unlimited duration on the same conditions provided for therein.
The renewed duration shall be considered to be an extension of the previous duration and the period of service of the worker shall be calculated as starting from the date of his entering the service of the employer for the first time.
Article 51:
The worker may terminate the service contract before its expiry date if the contract is of a definite duration and without giving reasons for the termination if the contract is of an indefinite duration and retains his full right to obtain the end of service gratuity in the following cases:
1. If the employer commits a breach of his obligations under the service contract or the provisions of this law.
2. If the employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.
3. If the employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work.
4. If continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.
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Kind Regards,
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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