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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

i am working in off shore company under adnoc...

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i am working in off shore company under adnoc through third party agency contract supply visa. Now my visa company says that adnoc has no more required your services so we are going to terminate you. any how it is said that there is not any kind of mistake or fault from your side.My visa is ending on. 15th of Ianuary. but company is terminating me on 31st of October. So am I eligible for the anount of salary up to my visa ending date.15th of January
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu Dhabi Off shore upper zakum oil field
Lawyer's Assistant: Has anything been filed or reported?
only one month notice is given for termination
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
my total working are 10 years and 7 months.basic salary 1000. What will be my total dues payable by the company

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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 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

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,

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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