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Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
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What are the rules if employee gets termination...
What are the rules if employee gets termination without any notice period while the employee has completed probation period of 6 months
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 so far
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
That’s fine
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إجابة الخبير: Mohammad Abd Alrazeq
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
Please, , if the work contract is fixed term, the employer may not terminate the contract before its expiry, otherwise the employer shall be obliged to pay indemnity to the worker for the caused damage, provided that such compensation shall in no case exceed the
worker's wage for three months, calculated on the basis of his last wage.
In any case, the sum of the wage payable for a period of three months or the remaining period of the contract, whichever is shorter, unless there is a provision in the contract stipulating otherwise. If the employer or worker does not notify the other party about the termination of the contract or if the notice period has been reduced, the obligor shall pay the other party a compensation (allowance) If the omission of the warning or the ruins of its duration does not cause harm to the other party, the compensation shall be equal to the wage of the worker for the entire notice period or the missing part thereof.
However, if the work contract is unfixed term one, the employer may terminate the contract at any time.
Therefore, you have file a complaint against your employer if he/she terminated your contract
According to the provisions of the Labor Law, which are listed as follows:
worker's wage for three months, calculated on the basis of his last wage.
In any case, the sum of the wage payable for a period of three months or the remaining period of the contract, whichever is shorter, unless there is a provision in the contract stipulating otherwise. If the employer or worker does not notify the other party about the termination of the contract or if the notice period has been reduced, the obligor shall pay the other party a compensation (allowance) If the omission of the warning or the ruins of its duration does not cause harm to the other party, the compensation shall be equal to the wage of the worker for the entire notice period or the missing part thereof.
However, if the work contract is unfixed term one, the employer may terminate the contract at any time.
Therefore, you have file a complaint against your employer if he/she terminated your contract
According to the provisions of the Labor Law, which are listed as follows:
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or 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.
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.
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.
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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Mohammad Abd Alrazeq
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الأسئلة المجابة 27510 | نسبة الرضا 98.6%
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