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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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Just want some advice, i work in spa with limited...

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Just want some advice, i work in spa with limited visa. I already finish 2yrs contract then last july i renew my contract. But we are no happy in our work now because always delay commission. But the basic salary is ontime. Justs want to know if we pass resignation we cannot get our gratuity?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Al ain al jimi
Lawyer's Assistant: Has anything been filed or reported?
Before
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Do we need to pay something if we resign?

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that if your contract is limited and you have terminated the contract before its term ends, you will not be entitled to the gratuity until after 5 years have passed since work with the employer. The fact that the commission is due when providing the service to customers and not at the time of paying the fee
  But if the employer commits other violations or if the commission is an integral part of the wage, you may file a complaint against him at the labor office and then submit  the resignation without any legal responsibility
Article 138 of the Law on Organizing Labor Relations:
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.

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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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