إسأل Attorney الآن

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

hi good afternoon

تم تقييم هذه الإجابة:
hi good afternoon
Lawyer's Assistant: Where are you located? It matters because laws vary by location
my name is Diannie,,
Lawyer's Assistant: Has anything been filed or reported?
I want to ask if i can resign i am just 11 months working in my employer,
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
i want to know if i have to pay something?because i am under agency.

إطرح سؤالك

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

In this regard we must distinguish between two things:

1) If your contract of employment is fixed in such a case, if you wish to leave the work, the employer shall be compensated with the equivalent of half a month's wage for each remaining month of the contract period.

 

2) If the employment contract is not specified in this case, it is necessary to give the employer an ultimatum that you want to leave work 30 days or you will be forced to compensate the employer for a month's wages, but the law gives you the right to terminate the contract without warning if the employer violates his obligations stipulated in the contract or the law or if the employer or his representative signs an assault on the worker.

 

Article 117

 

1 - The employer and the worker may terminate the employment contract with undetermined term for valid grounds at any time subsequent to the conclusion of the contract, and such after notifying the other party thereof in writing at least thirty days prior to the termination thereof.

 

2 - With regards to day workers, the notice period shall be as follows:

 

a - One week should the worker have worked for a period of six months at least and one year at most.

 

b - Two weeks should the worker have worked for a period of one year at least.

 

c - One month should the worker have worked for a period of five years at least.

 

 

 

Article (5):

 

 shall be exempt from the fees of the jurisdiction proceedings and the claims filed by the workers based on the provisions of this law.  In the event of a judgment of inadmissibility or refusal, the Court may adjudicate all or some of its expenses to its addressee.

 

Article (122):

dismissal of the worker by the employer is arbitrary if the reason for the termination is not related to the work, and in particular the termination is considered arbitrary if the termination of the worker's service due to a serious complaint to the competent authorities or filing a case against the employer and it is proved that it is true

 

Article 118

 

The contract shall remain valid for the notice period referred to in the preceding Article, and shall be terminated with the expiry thereof. The worker shall be entitled to his complete wage for such period on the basis of the last paid wage. He must perform his job during said period should the employer so requires.

 

It shall not be permissible to agree on the exemption for the notice provision, or on the reduction of the period thereof. However, the agreement on the extension of such period shall be permissible.

 

 

 

Article 119

 

Should the employer or worker fail to notify the other party of the termination of the contract, or should such party reduce the notice period, the notifying party shall pay to the other party a compensation know as compensation in lieu of notice, even if such failure to notice or such reduction of the period does not cause damage to the other party. Such compensation shall be equal to the wage of the worker with regards to the entire notice period or the reduced part thereof. The compensation in lieu of notice shall be calculated on the basis of the last wage paid to the worker for the monthly, weekly, daily or hourly - paid workers, and on the basis of the average daily wage set forth in Article 57 hereof with regards to the payment per piece.

 

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

Hi sir.. i am under agency.. my wmployer pay the agency to get me as private nurse.. do i have to pay him him since i am only 11 months?

الرد من العميل

Ang my cousin also i am very concern. She gpt her off and she didnt go back to work due to mild stroke his left hand. She just message and call her baba that she dont want to work anymore... the babae agrees but he is asking for 15,000 aed for licence and visa fee.. she works 7 months. They agreed that if they raise money they they will gbe the passport in exchnge to the 15k aed.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If you left the work without legal justification, then you are obligated to compensate the employer as we indicated in our previouse answer. As for your cousin, she deserves a sick leave and is not obligated to pay any amount of money. If you encounter any problem with your labor rights, we recommend you the following:

-file a complaint at the labor office against the employer via this link:

Complain

-file a lawsuit before the judge immediately as article 5 of the labor law states as follows:

All the proceedings in the court and filing a case as well as execution of the claim which filed by the worker are exempt from the payment of fees according to the provisions of the law. the court bay accept or refute the case also may decide to remove or impose the fees

الرد من العميل

She dont want to go back to work anymore specially she is overworked, driver, caregiver with 2 patients ironing and laundry. Cleaning.. 1800 salary only. The passport is with her employer sir. We can get ot once we pay 15k

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

 The passport is a personal document that must be kept by the owner and presented to the official government authorities upon request. No party may detenting the passport except by judicial order and in accordance with the law. The detention of the passport is punishable by a fine of up to AED 20,000. Against the employer at the labor office or file a complaint with the police.

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار