إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi Ma'am
Hi Ma'am
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am in Abu Dhabi
Lawyer's Assistant: Has anything been filed or reported?
I had a doubt regarding unlimited term contract termination compensation
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes, I signed the contract on 22nd April 2019 and they are terminating the contract on 30th September 2019
إطرح سؤالك
إجابة الخبير: 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, the calculation will be according to the law which states that if the contract of employment is terminated according to the legal basis, taking into consideration the period of the warning and according to the type of contract if it is fixed period or indefinite period with no legal justification to terminate the work by the employer and according to article 120, Of the UAE Labor Law. According to the law, the end of service indemnity shall be paid to the worker for a maximum of ten days from the date of termination of work. If the employee has the right to complain in front of work and workers to compel the employer to pay full labor dues, If it is not possible, the matter shall be referred to the Federal Court for the purpose of determining the sentence and obliging the former employer to pay the rights to the worker as follows:
Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.
Article 75
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
So you can go to the labor office and file a complaint, if they can’t solve the issue then it will be referred to the court and get judicial judgment against the employer and force him to pay for you.
If you have another question related with our section, 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,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the UAE Labor Law, the calculation will be according to the law which states that if the contract of employment is terminated according to the legal basis, taking into consideration the period of the warning and according to the type of contract if it is fixed period or indefinite period with no legal justification to terminate the work by the employer and according to article 120, Of the UAE Labor Law. According to the law, the end of service indemnity shall be paid to the worker for a maximum of ten days from the date of termination of work. If the employee has the right to complain in front of work and workers to compel the employer to pay full labor dues, If it is not possible, the matter shall be referred to the Federal Court for the purpose of determining the sentence and obliging the former employer to pay the rights to the worker as follows:
Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.
Article 75
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
So you can go to the labor office and file a complaint, if they can’t solve the issue then it will be referred to the court and get judicial judgment against the employer and force him to pay for you.
If you have another question related with our section, 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,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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