إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
hi Mahai was terminated at my job last week...
hi Mahai was terminated at my job last week without any notice because from what I understood the owners employees of 4 years gave him an ulimatium either he terminates me or they leave. he terminated me without any good reason except for his employees not being happy(anyway long story)however,put that aside i need to understand my rights.I am an Australian resident working in dubai for the last 5 years and 1 year for this company. my salary a month is20,000my over-ride on the teams performance is 5%flight ticket annuallyand pay towards my mobile phone 450 dirhams however, the employer is now saying he wants to pay me only 2.5%on the over-ride owed to me as opposed to the 5% that we initially agreed on.in my offer letter it states the above conditions however in my labour contract it doesn't state the 5%over-ride or commission.but in the last job it was the same that usually in the labour contracts they don't mention the commission.I would like to know if i can get my full rights as per the agreement and what the process is thanks so much
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
not yet as I was trying to work it out with the employer but he's wanting to cut my commission in half and pay me in 4 cheques so I will be paid out by december. This is not acceptable to me
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
this is it
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 welcome you to join us in the legal section.
We would like to inform you that referring to the UAE law, there is a legal violation on termination of work, especially as the law regulated termination in the following legal texts
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 year
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.
In addition to pay the full rights agreed in the contract and in relation to the ticket and the agreed rate as well as telephone bill in addition to any currencies agreed upon so you can go to the Labor Office and submit a complaint and explain the matter in detail for the purposes of collecting full labor rights as agreed and also advise not to Signing any document of reconciliation or reconciliation with the employer
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.
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section.
We would like to inform you that referring to the UAE law, there is a legal violation on termination of work, especially as the law regulated termination in the following legal texts
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 year
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.
In addition to pay the full rights agreed in the contract and in relation to the ticket and the agreed rate as well as telephone bill in addition to any currencies agreed upon so you can go to the Labor Office and submit a complaint and explain the matter in detail for the purposes of collecting full labor rights as agreed and also advise not to Signing any document of reconciliation or reconciliation with the employer
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.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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