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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Good afternoon ! My contract will be finish on...

تم تقييم هذه الإجابة:
Good afternoon ! My contract will be finish on October 1 ,2019 . And i want to go back to my old employer before I work there for 4 years ..my problem is about my employer today they don't want me to give to my past employer without paying 8000 aed" no cancellation no money " but I'm finish contract and one thing more the visa name is under the name of my madam sister not their name please advice me and what should I do ?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Al Ain
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
If there is possible i have right to work again with my previous employer ? And i have right to receive cancellation paper since my contract will be finish on October 1 ,2019

إطرح سؤالك

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 your inquiry relates to moving to another company after the end of the current contract of employment, here are the following legal information:

The transfer order is linked to the employment contract as follows:

- If the employment contract is a fixed term and expires and you get all your financial dues and did not return to the employer after the end of the employment contract, you can transfer the sponsorship without paying any money to the employer.

 - If the fixed-term contract of employment has expired and you continue to work without signing new contracts, the contract of employment may be transformed into an indefinite term contract that shall not expire unless the other party is notified at least thirty days before termination in order to avoid any payment to the employer.

 - If the contract of employment is of a fixed duration and is still valid, the sponsorship can only be transferred with the consent of the current employer.

Here is the text 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:

 

  1. Is not written.

 

  1. Is concluded for an unspecified period.

 

  1. 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

 

  1. 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 (113)

 

An employment contract shall terminate in any of the following cases:

 

  1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;

 

  1. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;

 

  1. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.

 

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الرد من العميل

Thank you so much coz it helps me a lot to understand my situation now .

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear customer.
welcome again
I am very happy to receive your inquiry and reply.
Kind regards 

إسأل Lawyer

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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