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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I am working in the reputed hospital in Abudhabi....

تم تقييم هذه الإجابة:
I am working in the reputed hospital in Abudhabi. Now, I have given my Reignation with notiice period for one month after my completion of my five years. But, now the company is asking to give my fourty five days salary to give. Is
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am inUAE. Actually I am not able to give my 45 days salary.
Lawyer's Assistant: Has anything been filed or reported?
I didn't get you?
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
What is the Labour law in UAE for resignation after 5 years if working in resident visa with limited contract. Because while getting the grativity only the basic salary is receiving but during resignation staff needs to pay the full 45 days salary. I would like to know the rule.

إطرح سؤالك

الرد من العميل

Kindly reply the rule for me. Thank you

الرد من العميل

I waiting for the reply sir

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 resignation from work after five years, here are the following information:
The UAE Labor Law stipulates that the worker shall pay compensation to the employer equivalent to one and a half months in case the worker terminates the work contract.
That is, you must pay a month and a half salary if you terminate the employment contract for a reason not related to the employer. We recommend that you negotiate with your employer to reduce the required amount.
Here is the text of the UAE Labor Law regarding 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.

 

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Kind Regards,

الرد من العميل

Thank you so much for your answer sir. But, I have one doubt is that the employer is paying only the basic salary (few amount) as grativity but for 1month resignation even after 5years, I have to pay the 45 full salary (big amount) that means I have to pay extra money to them. If I am in my husband visa is there any chance for the change in this penalty?If I need to pay also, in my present contract it has mentioned limited contract but not mentioned the notice period for resignation. Also I am getting the salary more than that which is mentioned in my contract, so I have to pay the 45 days salary according to the contract salary or the present salary? Thank you sir.

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                
welcome again 

We would like to inform you that the fine to be paid is in accordance with the salary you are currently receiving, and the termination of the contract of employment specified term requires the payment of the previous fine and there is no way to reduce that fine unless negotiated and approved by the employer.
Regarding end of service benefits, we refer to the following information:
The end-of-service is calculated on the basis of twenty-one days' pay for each of the first five years, and is calculated on the last basic salary after excluding all allowances.
The fact that the worker terminates the contract of employment after a period of five years does not prevent him from the right to receive the end-of-service bonus.
Here is the text of the UAE Labor Law regarding your inquiry:
Article 138
Where a worker under a definite term contract abandons his employment at his own initiative before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds five years.
Article 139

 A worker shall forfeit entitlement to his entire severance pay in any of the following two cases:

  1. If he is dismissed from service for any of the reasons specified in Article 120 hereof or if he abandons his employment in order to avoid being dismissed in accordance with that Article.
  2. If he abandons his employment of his own accord, otherwise than in either of the two cases specified in Article 121 hereof, without notice (in the case of indefinite term contracts) or before completing five years of continuous service (in case of definite term contracts).

 

Kind Regards,

الرد من العميل

Thank you sir for your information.

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

I am happy to receive your inquiry and reply
Thank you

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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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