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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
My company terminate 9 person behalf of low...
My company terminate 9 person behalf of low business . Can they do that according the UAE law
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Ajman
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform that if your inquiry relates to the company terminating the work of nine employees due to lack of work, the following information:
The labor law of the United Arab Emirates, without a provision allowing the employer to terminate the employment contract because of lack of work and if the employer terminates the employment contract due to lack of work here we are in front of the reality of arbitrary dismissal of the worker with the right to file a complaint to the Ministry of Human Resources and Emiratisation for compensation from the employer, a compensation that does not exceed the value of salary of three months maximum.
Here is the text of the UAE Labor Law regarding 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.
Article (123):
1 - Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2 - The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
The labor law of the United Arab Emirates, without a provision allowing the employer to terminate the employment contract because of lack of work and if the employer terminates the employment contract due to lack of work here we are in front of the reality of arbitrary dismissal of the worker with the right to file a complaint to the Ministry of Human Resources and Emiratisation for compensation from the employer, a compensation that does not exceed the value of salary of three months maximum.
Here is the text of the UAE Labor Law regarding 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.
Article (123):
1 - Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2 - The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
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