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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

I need to know about notice period payment

تم تقييم هذه الإجابة:
I need to know about notice period payment
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Am in Dubai land
Lawyer's Assistant: Has anything been filed or reported?
No I need to report now
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes.I finished my contract but my hotel still insisted on deducting my 30days salary

إطرح سؤالك

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

We would like to inform you that according to the UAE Labor Law, if you resigned from the work of unlimited contract legally such as informing the employer of the resignation before 30 days and keep on working during that period, so that termination is legal and you are entitled to get the end of services, allowances and all the due salaries. Also, the employer at the end of the contract shall grant you certificate of the end of services free of charge, that certificate clarify the date of starting and ending the services and the period of working and the type of the work and the last wage and return any certificate provided by the worker. The law prevents the worker from paying the visa fees unless there is written agreement between the employer and worker.
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.

الرد من العميل

My case is different.My visa is already cancelled. I have only two days left

الرد من العميل

My Hod told me he no longer need my service & I should leave. It was in November.I stayed home two days looking for a job urgently. I got one.i came back to him to ask him how far with his decision

الرد من العميل

He told me he can cancel my visa in 24hours I can only pay 2months notice. I objected. I kept asking him to release me as he said he don't need my service but he kept dodging around. I ask how much is to be paid he is not answering.Mean while the other company had already proceeded my everything because I told them I need the job urgently

الرد من العميل

I had to write again a resignation to just give something official to my HR,while am awaiting his conclusion.I became serious n went to my Hr n told her the new company need me urgently could you release me and let me go. That is after 20days of my notice period. HR said yes but you will pay remaining days of your notice period. (Which should be 10days only). They went ahead cancelled my visa and on the day of payment she insisted I should pay the 10days plus 30more days because I needed 60days notice.She went ahead and deducted 40days and forced me into signing for the rest if I don't want to loose everything.

الرد من العميل

I need all my money

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

If you resigned from the company legally, you must notify the company of this at least 30 days before leaving work and regularity in work during that period. If the resignation is without commitment to the notice period, the employer shall be obligated to compensate the employer even if the omission of the warning or the deduction of its duration does not cause harm. Also,  the compensation is equal to your reward for notice period , in whole or in part.
 

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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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