إسأل Attorney الآن

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Good day. I would like to get more information...

تم تقييم هذه الإجابة:
Good day. I would like to get more information regarding our situation. Previously employed by ADEC, it then became ADEK. Till date we have not receuved new contracts. The academic year started on Sunday again. In May 2019 we received an email notifying us of moving over to MOE, and it clearly stated that that notification is not intention to renew contract notification. What will be ny right as emplyee, can I still resign (previously I could give 2 months any time notice, as per my previous contract). Cutrently HR is telling peopke they have to resign and work 2 months notice without housing. What stand us to do in this regard, as we do not know current salaries ir benefits as bothing had been communicated to us.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu Dhabi
Lawyer's Assistant: Has anything been filed or reported?
No, I just need to gather information as I am thinking about resigning with all this uncertainty.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I think that is it in a nutshell. Thank you.

إطرح سؤالك

الرد من العميل

I just want to know if it is legal the way they operate currently.

إجابة الخبير: Moath Samer

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 As long as you are appointed to the Ministry of Education, the body responsible for resolving legal disputes is the Federal Authority for Human Resources you should go to it and register a complaint against the Ministry of Education and If any violation is found against you, you will be compensated for arbitrary dismissal As for the wages due are all wages not paid to you from the date of commencement of work to the end date and you can contact with the Authority through the following link:

https://www.fahr.gov.ae/portal/en/home.aspx

You can also sue the ministry through a lawsuit brought before the UAE judiciary

 

If you have another question, feel free to ask us and we will answer with pleasure.

 

I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.

You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.

 

 

Kind Regards

الرد من العميل

I honestly do not feel my question(s) was answered, as the response shows me that. Except to refer me to a different entity to get answers.

إجابة الخبير: Moath Samer

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 Your inquiry involves several legal points:

- Restructuring the Abu Dhabi Education Council to become the Abu Dhabi Education and Knowledge Council

- Your dismissal from work without warning

- Failure to pay your dues

 

According to the aforementioned data, the law gave the administrative authorities the right to terminate the services of the worker in the event of restructuring the employment system but restructuring is not objective therefore, the decision to dismiss you from work is arbitrary and therefore the legal solution is to challenge the dismissal decision and claim your labor rights before the Grievances Committee at the Ministry of Human Resources and You should urgently go to the Ministry's headquarters and file a grievance with the committee. The application will be examined and decided.

 

Following are the provisions of the Human Resources Law relevant to your inquiry:

 

Article 97

The employee may apply to the Grievance Committee in writing of the administrative sanctions imposed by the Violations Committee or any other administrative decisions or procedures and Exceptions to this are the appraisal of performance appraisals, which are regulated in accordance with the provisions of the Performance Management System.

 

Article 9

1. The employee may object to the decision of the Grievance Committee issued in non-warning penalties and draw written attention by submitting a written objection to the Authority within a period not exceeding three weeks from the date of notification of the decision, otherwise the decision of the Grievance Committee shall be considered final.

2. The Commission shall propose a system for the consideration of objections submitted to it and submit it to the Council of Ministers for adoption.

 

Article 110

The competent recruitment authority shall have the right not to renew or terminate the employee's contract at any time, provided that the employee is given written notice in accordance with the conditions set forth in the contract.

 

Article 111

The employee's service may be terminated on the basis of the financial and administrative effects resulting from the restructuring of the organizational units or functions therein, after coordination with the Authority

 

Article 114

 

1. The employee's entitlements shall be calculated at the end of his service in accordance with the provisions of Federal Law No. (7) of 1999 promulgating the Pension and Social Insurance Law and the laws amending thereto.

 

2. A non-national employee shall be entitled to a severance pay at the end of his service according to the following:

 

A) Basic salary for one month for each of the first five years of service.

 

B) Basic salary for one and a half months for each of the following five years of service.

 

C) Basic salary of two months for each year of service in excess of that.

 

3. An employee shall not be entitled to end of service indemnity if his period of service in the Ministry is less than one continuous year.

 

4. To calculate the end of service gratuity, the warning period and the cumulative leave shall be counted as part of the service.

 

5. The employee's end of service indemnity shall be paid on the basis of the last basic salary he received before obtaining the nationality.

 

I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.

You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.

 

 

Kind Regards,

الرد من العميل

I never said there was a dismissal without paying dues.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Dear Customer,
Welcome again!
In all cases, whether the dues have been paid or not, the arbitrary dismissal decision shall be appealed in accordance with the procedures which outlined above in order for you to come back to work and pay compensation to you for this dismissal.

Kind Regards,

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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