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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
I came to Dubai with the employment Visa, the...
الرد من العميل
I have gmail account
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
As below articles state:
Article 37
The worker may be appointed under probation for a period not exceeding six months and the employer may dispense with the services of the worker during this period without warning and without end of service reward. The worker may not be appointed. Under experience more than once with one employer, and if the worker successfully passed the period of the experiment and continued to work, the period of service shall be calculated.
So the employer can terminate the worker without rights in the probation period if the worker doesn’t fit the work.
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.
So you will be forced to pay the visa expenses, but if thee probation period is finished then you can file resignation as below :
Article (113)
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
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.
Note that after resignation and accepting it that requires NOC and cancelling the visa by the sponsor or any other representative.
الرد من العميل
So what does the law say abt bridging a contract after six months of work
الرد من العميل
I want to know the rights of workers especially maids
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Article (22)
1. The employment contract shall terminate in one of the following cases:
a. Unless it is renewed in accordance with the provisions of this law and its executive regulations and ministerial decisions issued in this regard.
B. The death of the worker or his incapacity during and after the work, and the disability shall be determined and determined by a report from a competent medical committee. The employer shall bear the costs of returning the body of the deceased worker or the incapacitated worker to his country
C. The employer may die, and the contract may continue until the end of its term with the approval of the Ministry.
D. Conviction of the worker in a felony or sentenced to a penalty restricting freedom in a felony or misdemeanor.
e. Agreement of the parties to terminate the contract.
f. The worker shall be sixty years old, and the Minister shall determine the cases in which the service may be extended beyond this age.
G. Exhaustion of sick leave, or lack of fitness for work.
H. Disruption of work without an acceptable excuse during the contractual year for ten consecutive days or fifteen consecutive days.
I. A breach by one of the parties to the contract of the obligations established by law or agreement has been proved, in which case the provisions of article 23 of this Act shall be applied.
2. The employer shall perform all the financial employee's dues within ten days from the date of
Article (23)
1. Either party to the employment contract shall terminate it by sole will if the other party breaches its obligations under Articles 15 and 16 of this Law.
2. The employer and the worker shall have the right to terminate the contract. Other damages that the court may rule.
3. If the termination of the contract by the worker and due to a reason referred to after the probationary period, the worker shall bear the expenses of his return to his country, in addition to paying compensation to the employer equivalent to one month's comprehensive wage, any other entitlements to the employer in respect of the worker and any other damages the court may order.
4. In all cases of termination of the employment relationship, the Ministry shall have the authority to grant the worker a new work permit or not in accordance with the rules it decides in this regard, and taking into account the provisions in force in the State.
Article (26)
1. A worker who has completed one year or more in continuous service shall be entitled to the end of service gratuity at the end of his service. The days of uninterrupted work shall not be included in the calculation of the period of service. When the contract expires, the bonus account is renewed by renewing the contract.
2. The worker shall be entitled to a reward for the fractions of the last year in proportion to what he spent in the work provided that he has completed one year of continuous service.
Therefore, you can go to the Ministry of Labor and complain and explain the detail and claim all your labor rights.
Article (27)
A worker shall be deprived of end of service indemnity if the employment contract terminates for unlawful interruption of employment, or if the contract is terminated by the worker for no legitimate reason.
Article (28)
1. Any worker detained in reserve shall be suspended for the duration of his detention.
2. If the criminal proceedings are filed on the basis of a communication from the employer, and the investigation ends in the custody or a final judgment has been issued on the acquittal of the worker, the total wage for the period of imprisonment has been paid.
3. If the criminal proceedings are filed on the basis of a communication other than the employer, and the worker is convicted, he shall not pay what has been suspended from his comprehensive wage, but if the investigation is maintained or acquitted, the amount shall be paid.
*** In case of termination of work before the completion of the contract, the employer can claim compensation and all visa expenses You do not have any rights as little as the employer can impose a ban and submit a escape report against you, so we recommend to complete the contract period
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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