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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
i am working in off shore company under adnoc...
إجابة الخبير: 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 your employer terminating the employment contract without a reason from your end, here are the following information:
The UAE Labor Law does not give an employer the right to terminate an employment contract without a legal reason allows him to do so. If the employer terminates the definite contract without legal reason, the employer shall pay compensation to the worker not exceeding three months' salary.
The worker's entitlements shall be:
First: End of service indemnity:
- It shall be calculated at 21 days salary for each of the first five years, in addition to one month salary for each year exceeding that.
- It is calculated on the last basic salary after excluding all allowances.
- The end of service indemnity for the remaining months of the year (seven months) is also considered.
Second: Flight Tickets:
The employer shall bear the cost of the flight tickets if the worker will return to his country after the expiry of the employment contract
Here are the texts of the UAE Labor Law related to your inquiry:
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. That if there is no notice for you.
Article (132):
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article (133):
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article (134):
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.
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الرد من العميل
My basic salery is 1000/_ total service is 10 yeras and 7 months. TERMINATED with out any mistake.can you tell me how much will be my dues
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Dear Customer,
Welcome again!
To complement our previous response, we present you the following information:
With regard to end of service benefits, it is calculated as follows:
21 days * 5 years = 105 days salary
30 days * another 5 years = 150 days salary
End of service benefit for 7 m days salary approximately
The total end of service benefit is 270 days' salary.
Compensation for arbitrary dismissal is a maximum of three months' salary
Kind Regards,
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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