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Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
I am a nany and i want to know what will happen if...
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Dear customer ,
Welcome, Thank you for joining us in the legal section
with all respect and appreciation to you,
Dear customer, please provide us with you inquiry in details, and we will provide with the respond as soon as possible according to the mentioned facts.
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الرد من العميل
I am a nanny and I want to no what will happen if my madam decide to terminate me.
الرد من العميل
Can she deport me imidietly?
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that you may terminate the contract but only when it term has ended, as the UAE Domestic Workers law states that:
- The employment contract shall be considered terminated in any of the following cases:
- Its term has expired and it has not been renewed in accordance with the provisions of this law, its implementing bylaws and executing ministerial decrees.
- The death of the worker or when the worker becomes disabled while at and as a consequence of work. The disability and its extent shall be documented in a report from a competent medical authority. The employer shall bear the expenses of repatriating the remains of the deceased worker, or returning the disabled worker to his/her origin country.
- The employer’s death; however, the contract may be allowed to remain in force until its expiry date with the approval of the Ministry.
- The conviction of the worker of a felony or his receiving a freedom constraining court sentence for a felony of a misdemeanor.
- Agreement by both parties to terminate the contract.
- The worker reaching 60 years of age. The Minister shall determine the cases where service may be extended beyond this age.
- The worker exhausting his sick leave or lack of physical ability to work.
- The worker’s absence without an acceptable reason for 10 consecutive days or fifteen intermittent days during a contractual year
- It is established that one of the contracting parties violated his obligations under the law or the contract, in which case, the provisions of article (23) of this law shall apply.
- The employer shall settle all of the worker’s financial dues within 10 days of the contract termination date.
End Of Service Benefits
Article (26)
- A worker who has completed one or more years of continuous service shall be entitled to end of service indemnity at the end of his service and shall not enter the days of absence from work without pay in calculating the period of service. The remuneration shall be calculated on the basis of fourteen days' wages. The worker shall be paid the end of service benefits at the end of the contract and the bonus account shall be renewed by renewing the contract.
- The worker shall be entitled to a reward for the fractions of the last year by the percentage of his work, provided that he has completed one year of continuous service.
Article (27)
The worker shall be deprived of the end of service benefit if the contract of employment ends the unlawful interruption of work, or if the contract is terminated by the worker without a legitimate reason.
I would like to clarify to you that
Article 23 of the UAE assistance employment act stipulates that
Either the employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and for a reason not in the hands of the worker, the employer will be obliged to give a ticket for the worker's repatriation, in addition to paying a compensation equal to one month's wage and any other damages that the court may rule for.
In all cases of termination of work contracts, the Ministry shall have the power to give the worker a new work permit or not in accordance with t. The worker has the right to receive the benefits upon his/her finish. The benefits shall be renewed with the contract's renewal. he rules apply in this regard. Take into account the provisions in force in the country.
We would like to inform you that the limited contract can’t be terminated unless it is finished or by the approval from the employer, or if the employer violates any of the contract terms. Otherwise you have to pay the return expenses in addition to payment of compensation equal to the comprehensive wage for one month and any other entitlements to the worker in the employer's custody, Other damages may be adjudicated by the Court. As the UAE Domestic Law states the below:
Article 23:
- If the termination of the contract by the worker and due to him after the period of experience bear the expenses of returning home, in addition to payment of compensation to the employer equivalent to comprehensive pay for one month and any other entitlements to the employer in respect of the worker and any other compensation may be ruled by the court.
- In all cases of termination of the employment relationship, the Ministry shall have the power to grant the worker a new work permit or not to grant it in accordance with the rules determined in this regard, and taking into account the provisions in force in the State.
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Kind Regards,
الرد من العميل
After you resign from ur company and signed an offer letter in another company while finishing your notification period can the company in which u sign the offer later decide not to employ you again ?
الرد من العميل
Please can my employer banned me after cancellation?
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Welcome again!
The ban is before or after the residence cancelation, as it is according to the situation that leads you to be banned.
Anyway, you have to check your status from the Residence Department.
Kind Regards,
إسأل Attorney
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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