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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Thanks, I am seeking legal advise for my friend...
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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We would like to inform you that according to the UAE Labor Law, the worker can’t be prevented from the end of services benefits unless under the article 120 from the labor law.
So your friend can make power of attorney for you if he is outside the countryto follow up and get the benefits for him.
As the law clarified the article when the worker can be prevented from the end of services benefits:
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.
Therefore, the worker is entitled to get end of services benefits according to the law, so if the employer claims that he doesn’t deserve, then you can file a complaint in the labor office and go to the court and file labor case and ask for the benefits.
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الرد من العميل
Yes, what is article 120 says. He had approved leave of one month, and he didn’t be able to get back till now. Does this case falls under article 120 as you said?
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
If you mean article 120 which stipulates that an employer may dismiss a worker without notice if and only if the worker:
1. Assumes a false identity or nationality or submits forged certificates or documents.
2. Is engaged on probation and is dismissed during or at the end of the probationary period;
3. commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labour department of the incident within 48 hours of his becoming aware of its occurrence;
4. disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
5. defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated;
6. is finally convicted by a competent court of a crime against honour, honesty or public morals
7. reveals any confidential information of his employer;
8. is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
9. assaults the employer, the manager in charge or any of his workmates during working hours; or
10. absents himself from work without a valid reason for more than 20 nonsuccessive days in one single year, or for more than seven successive days.
Therefore, if it is related with any above terms in article 120, then you will be deprived from the end of services, otherwise, you deserve it.
Kind Regards,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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