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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi sir i am working in a private company as a...

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Hi sir i am working in a private company as a licenced practical nurse since 2008 november now and my salary is 9500 suddenly they call me last week they reduced my salary to 4500. And they said they will change my contract from next month. So first query sir they can reduce my salary like that means 50%, and can i have d right to get my end of service now before signing the new contract
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu dhabi
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?
Only this

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

According to the UAE Labor Law, that regulates the nature of the contractual relationship between the worker and the employer
With regard to the wage may not be reduced with the validity of the contract and the expiry of the duration of its own that the law provided legal protection for wages
Article (56)
Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks. Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
Thus, you can file a complaint at the Labor Office and explain the matter in detail as it the competent authority in resolving labor disputes.
In addition, with the validity of the employment contract cannot be terminated, otherwise it is considered arbitrary dismissal requires the employer to pay compensation to the worker, although the change under the pretext of changing the contract, this order is contrary to the law
It is also possible to claim the end-of-service indemnity before signing any new contract. This right is legally guaranteed and the reward shall be calculated in accordance with the law as follows.
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.
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 (75):
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Therefore, you have to file a complaint in the labor office and if they didn't help you, then you can go to the court to get legal judgment to force the employer to pay

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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