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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Good day,I have a job I do with a construction...

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Good day,I have a job I do with a construction company as a labourer, I have served for 10 months and I don't wish to continue because all the benefits I was promised before I took the job was not being given to me.Now I have dropped my resignation but the company refused to accept it stressing that I must finish the 2 year contract before they can hand me my passport which is in their custody. Please what do I do?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Sharja, in the uae
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No

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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, you are obliged to the employment contract . The employer may, if you leave the job before the expiry of the contract expiry, considered this to be an absconding from work and under any circumstances, the employer should have reported an absconding against you to be a liable-free. So the one who has the right to cancel the report is only the employer. Therefore, it is necessary to contact him for the purpose of canceling the report and settle with him and pay him compensation according to the text of Article (116).
Where a contract is revoked by the worker for reasons other than those specified in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
For the passport, the employer doesn’t have the right to take your passport. If they took it then you can ask them to return it, if they refuse then you can file a complaint in the nearest police office and you can take copy of the complaint to the labor office to clarify the violation by the employer. As the law allows the governmental entities with legal reason otherwise it considered legal violation but the private companies are not allowed to take the passport.
That for cancelling the ban then cancelling the visa and get new visa and transfer the sponsorship and get NOC.
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

Sorry I don't get this paragraph from your answer...That for cancelling the ban then cancelling the visa and get new visa and transfer the sponsorship and get NOC.Secondly, I saw on the UAE employment visa rules and regulations that an employee can leave his job at any time and that the termination of contract can be ended by either the employer or the employee but you are staying otherwise.I also noticed that the law says that the employee has the right to medical insurance at the expense of the employer,the cost of recruitment and deployment including residency permits, the right to have a copy of the signed contract, the right to remuneration within the first 10days of the month,the right to keep his identity documents all of which I have been denied and which are my major pain point of wanting to leave.Is it not an infringement of right? Can't I use it against them so as to get them to cancel the contract and hand me my passport?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
According to the labor law governing the provisions of the nature of the contractual relationship between the worker and the employer and with the existence of the contract of employment, which is considered the law of the contractors as it determines the duties and obligations of each party to the other. As for the termination, Yes, the worker has the right to terminate the work but there are legal assets that shall be followed and it is related to the employment contract, whether it is definite or indefinite. If it is definite, the contract term shall be completed. So in order not to get a ban from the employer resulted from the illegal and unjustified termination, that to terminate the definite contract there shall be a violation by the employer that he did not to abide by any clause of the contract and this is confirmed by the text of the article (121) the worker may leave 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.
Article (113)
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Article (117):
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one year.
One month: if the worker has been employed for not less than five years.
Article (118):
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article (119):
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
Kind Regards,

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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