إسأل Attorney الآن

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

Lawyer

Sir I just want to ask I'm in a limited contract...

تم تقييم هذه الإجابة:
Sir I just want to ask I'm in a limited contract and working for 5 months in the company but they want me to pay for 3 months of salary... but I don't have money I want to go home to my country and I didn't go to work for 1 week now... is there any chance that I don't have to pay for compensation?? Because they are also not following the Labour law... for example the weekly off and also for the public holidays they didn't give it to us..
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
Yes
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
About my contract

إطرح سؤالك

إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

We would like to inform you that if your contract is definite and you wish to terminate it by your own discretion before the expiry of its term, in this case you shall pay the employer compensation for the loss suffered as a result of the termination of the contract, provided that the amount of compensation does not exceed half a month's wage for three months or the remaining period of the contract, whichever is shorter and all of this shall be done unless there is a provision in the contract shows the contrary. You may also file a complaint against the employer at the Labor Office for not paying wage for the holidays you worked in, according to the provisions of the employment contract, which stipulates the following:

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. 

الرد من العميل

Thank u for your response attorney Mohammad it's really a big help for me to have a lawyer like you who's helping in my situation... so it means sir I will pay for 45 days for my basic salary?? Not including the housing allowance and the transportation?? Because as per my employer he said I need to pay the full amount of my salary including the housing allowance and transportation.. and regarding also for not coming for work sir is it okay I didn't come to work?? I don't come because I was fighting for our weekly off and holidays but they still insisting not to give it..

إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

You shall not stop working so as not to make an escape report against you, and you have to complain about the employer at the work office about the non-payment of wages for the days of the holidays you were working
 You also have to pay half a month for three months if the remaining period of the contract of employment more than three months in accordance with the provisions of the above-mentioned law that you have to refer to the wage of the contract of employment.  Otherwise, you are not obligated to pay for housing and transportation. 

الرد من العميل

Sir as of now I already inform my employer that I will pay the 45days of my basic salary which is 1500 aed only not including the housing allowance and transfo they giving to me... but they refused it sir what will I do sir?? They want me to pay 6,000 aed for my 3 months salary that was including the housing allowance and transfo.. i dont have that big amount of money... there telling me that they will file a absconding case against me...

إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

You shall refer to the provisions of the employment contract , as if you terminate the definite employment contract, the law stipulates that the employer shall be compensated for the loss that he has suffered as a result of the termination of the contract, provided that the amount of compensation does not exceed half a month's wage for a period of three months or the remaing period, which ever shorter unless otherwise stipulated in the contract, if the employment contract  provides for compensation in the event of termination of the employment contract, it shall be applicable. If not provided for, the provisions of Article 116 mentioned above shall be applied.
 As for the threat of the employer to file an absoconding case against you, you may file a complaint against the employer and file a complaint against him by threatening you to report your absconding which is contrary to the truth so as to protect yourself from the employer filing an absconding case against you.
 
 

إسأل Attorney

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

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