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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

If I resign from an unlimited contract and they...

تم تقييم هذه الإجابة:
If I resign from an unlimited contract and they decide to put me on garden leave for my one months notice. Can the employer cancel my visa straight away or do they have to wait until the one month has expired.?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
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: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Federal Residence Law, the sponsor can cancel the visa at any time possible, but if it is during the notice period, it is expected that the visa will not be canceled, otherwise it will be considered an arbitrary dismal that obliges the employer to pay compensation at the time to the worker
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.
The law also provided legal protection for wages in the text of Article (56) which stipulated:
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.
*** So it is supposed to wait until the one notice month for the worker has ended, and the time taken to cancel is only one business day

الرد من العميل

Thank you very much. I was worried that I would resign and that they would cancel my visa the next day.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Se are always glad to communicate with from JAWABKOM - Legal Section

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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