إسأل Lawyer الآن
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
if i canceled my visa to my employer now,..do they...
الرد من العميل
i give them a cancellation letter.. but they tell to me they will process it with labor and have complain
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
The UAE labor law has defined ways to terminate an employment contract according to the nature of the employment contract:
First, if the employment contract is unlimited, the worker may terminate the employment contract taking into consideration the period of notice, which shall be at least thirty days. If the worker terminates the indefinite employment contract without notifying the employer before termination, the worker must pay compensation to the employer equivalent to the duration of the notice period. The employer may also apply for additional compensation not exceeding one and a half months' salary. The employer can also request a ban against the worker and prevent him from working in the UAE for one year.
Second, if the employment contract is limited, the worker shall not terminate the employment contract before the end of his term without obtaining the written consent of the employer to terminate the employment contract by mutual consent between the worker and the employer. If the worker terminates the contract of employment without a legal reason, the employer is entitled to seek compensation not exceeding one and a half months' salary, in addition to a ban against the worker and forbidding him to work in the UAE for one year.
Here is the text of the UAE Labor Law concerning your petition:
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.
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.
One month: if the worker has been employed for not less than five years.
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.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
