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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Im working here sharjah uae ..my visa is finish...

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Im working here sharjah uae ..my visa is finish this August 20 ..i want cancel my visa from this company

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My visa is normally ordinary labour visa ... but I worked there salesman like and some money peddling in market still..I don’t continue this job ..and company not canceling my visa ...

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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

 

We would like to inform you that if you are inquiring about your unwillingness to continue working and want to cancel your visa and the company refuses to do so, here are the following legal information:

- The UAE Labor Law stipulates that the employee and the employer must abide by the duration of the employment contract if the employment contract is fixed, the parties may not terminate the employment contract without legal reason.
If the worker requests the termination of the employment contract, he shall be pay compensation to the employer with a value shall not exceed a maximum of one and a half months in addition to bear the value of airline tickets to return to his country. The employer can also apply for a one-year ban.
Also, if the employment contract is not fixed for a period of time, the worker may terminate the employment contract provided that the employer is notified at least thirty days before termination.
In order to do so we recommend talk with the employer to terminate the worker contract by mutual consent.
Here is the text of the UAE Labor Law, which concerns your inquiry:

 

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.

 

  1. 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.

 

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إسأل Lawyer

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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