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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Lawyer

How can you help a Ugandan maid to leave work

تم تقييم هذه الإجابة:
How can you help a Ugandan maid to leave work
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 I just want to be helped from above
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Help

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إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%


It is different whether your contract is fixed-term or unfixed
If your contract is fixed-term, you cannot terminate it unless after the expiration of the contract term
If your contract is unfixed, you must notify your employer before the terminating the contract, depending on the period you have spent with the employer. The UAE Labor Law stipulates that:
Article 113
An employment contract shall terminate in any of the following cases:
By mutual agreement of the Parties, provided that the worker's consent is given in writing;
Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
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 116
Where a contract is revoked by the worker for reasons other than those specified 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
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.
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.
According to the given facts and for clarification purposes, we would like to explain to you,
According to the federal labor law in regards of resigning from work without the consent of the employer, it is the two cases
 Article (118)
The contract shall remain valid during the notification period referred to in the preceded article and shall terminate on its expiry. The worker is entitled to his full wage for this period based on the last wage, and he should work during this period if the employer requires so.
The parties may not agree on the exemption of the notification condition or to reduce its period, however they may increase this period. 
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.
Article 128
A non-National worker, who abandons his work without a valid reason before the expiry of his definite term contract, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.
Article 129
A non-National, who notifies the employer of his desire to terminate his indefinite term contract but abandons his work before the expiry of the statutory period of notice, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.


Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.
Article 138
Where a worker under a definite term contract abandons his employment at his own initiative before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds five years.
Article 139
The worker shall be deprived of his end of service gratuity in the following two cases:
a - Should he be dismissed from service for any of the reasons set forth in Article 120 hereof or should he leave his employment in view of avoiding the dismissal there from in accordance with the said Article.
b - Should he leave his employment of his own accord , and without notice in cases other than the ones set forth in Article 121 hereof , and such with regards to contracts with undetermined term , or prior to the completion of five years of continuous service with regards to contracts with determined term

الرد من العميل

What if it's to council visa and I get a new sponsor without being deported it can't work out or it works and am making 6 months of stay here so now will I be free to say I don't want to work anymore so that they let me go

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%


According to your question, we would like to inform that there are Ministerial Decree ( 766 ) of 2015 on Rules and Conditions for granting a permit to a worker for employment by a new employer, it is as follow:
Article ( 1 )
A new work permit may be granted to a worker upon the termination of the said worker’s employment relation in the following instances:
I- Term Contracts
1- The term of the contract has expired and not been renewed.
2- The two parties (worker and employer) mutually consent to terminating the contract during the course of its term, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
3- The employer initiates the termination of the employment relation, without reason of noncompliance on the part of the worker, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
4- Either party acts unilaterally to terminate the employment relation following its renewal (irrespective of the period the worker has been in the employment of the employer and irrespective of the date of renewal) provided that:
a. The terminating party notifies the other party in writing of his/her intent to terminate the contract in accordance with the notice period that was agreed to by the two parties, not to be less than one month and not to exceed three months. If renewal of the contract occurs prior to this decree entering into effect, and the two parties had not agreed to a notice period, then the notice period shall be three months.
b. The terminating party continues to honor the contractual obligations for the duration of the notice period.
c. The terminating party indemnifies the other party in the amount that was agreed to by the two parties, not to exceed the equivalent of three months of gross wages; if renewal of the contract occurs prior to this decree entering into effect, and the two parties had not agreed to the amount of indemnification, indemnification is set at the equivalent of three months of gross wages.
II- Non-Term Contracts
1- The two parties (worker and employer) mutually consent to terminating the contract provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
2- One of the parties acts to terminate the contract and notifies the other party and continues to honor his/her obligations under the contract for the duration of the notice period which shall be no less than one month and no more than three months, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
3- The employer acts to terminate the contract without reason of non-compliance by the worker, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
III- For all contracts:
term and non-term The instances described in I- and II- of this article notwithstanding, a worker may be granted a new work permit:
1- It is determined that the employer has failed to meet his legal or contractual obligations, including but not limited to when the employer fails to pay the worker’s wages for more than 60 days.
2- When a complaint is filed by the worker against a business entity that has not provided for the worker to perform work due to its shutting down, provided an Inspection report is produced that attests that the business entity has been inactive for more than two months and the worker has reported to the Ministry during this period.
3- When a labour complaint is referred by the Ministry to the labour court, provided a final ruling in favor of the worker is issued that attests that the worker is owed wages for no less than two months of work or indemnity for arbitrary or early termination, or any other rights that the employer has abstained from granting, or dues of end-of-service.
In all of cases described in this article, the worker must have met all conditions and requirements of the provisions of the law before being granted a new permit.
Article ( 2)
No new work permit shall be granted except in the cases described in Article (1)

الرد من العميل

Ok so am not being paid for 3month now what should I do

الرد من العميل

And I need your advice because I can't manage my madam I don't have peace and their is too much pressure at work whereby am taken to like a donkey

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

welcom again

We would like to inform you that you have to file a complaint in the Labor Office against the employer for the contract terms violations, and clarify that this the reason that make you want to terminate the contract and resign.

If the employer violation proved, then you can resign and get all your dues as the below article states:

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.

الرد من العميل

Ok

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

 

Welcome again!

You are very welcomed sir , it was pleasure to help you in your question.

إسأل Attorney

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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