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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Hello i have a friend need to help you madam

تم تقييم هذه الإجابة:
Hello i have a friend need to help you madam
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Al qusais industrial 4
Lawyer's Assistant: Has anything been filed or reported?
She want to go to philippines but my friend company she need to pay another 2700 aed
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
She need to go philippine embassy to help

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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 although your inquiry is not clear, we refer to the following information:
If your inquiry is related to your friend's termination of the employment contract in order to return to the Philippines and the company asks her to pay AED 2700, according to the UAE Labor Law, the worker may not terminate the employment contract without legal reason. If the worker terminates the employment contract without a legal reason, compensation shall be paid to the employer equivalent to a maximum of one and a half months' salary.
If your inquiry relates to another matter, please explain.
Here is the text of the UAE Labor Law, concerning your inquiry:

Article (116):

 Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
 
 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.
     
    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.

 

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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