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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Hi I finished my two year contract and my visa...
إجابة الخبير: 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 your inquiry relates to renewing your visa after the expiration of your two-year contract and you want to move to another company, here are the following legal information:
It is related to the employment contract as follows:
- If the employment contract is definite and expired and you got all your financial dues and did not return to the employer after the expiration of the employment contract, you may transfer the sponsorship without paying any money to the employer.
- If the definite employment contract has expired and you continue to work without signing new contracts, the employment contract may be transformed into an indefinite contract, which shall expire only by notifying the other party at least 30 days before termination in order to avoid paying any amounts to the employer.
Here are the texts of the UAE Labor Law regarding your inquiry:
Article 39
An employment contract shall, from its inception, be considered as an indefinite term contract if and only if it:
- Is not written.
- Is concluded for an unspecified period.
- Was originally written and concluded for a definite term but both parties, without a written agreement between them, continued to perform it after its expiry; or
- Was originally concluded for the execution of a specific work that had no specific duration or that is recurrent by nature, but the contract continued after completion of that specific work.
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.
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Kind Regards,
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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