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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
What should i get from my company after 2 years of...
What should i get from my company after 2 years of termination
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Al ain
Lawyer's Assistant: Has anything been filed or reported?
Not yet
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No thankyou
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Regarding end of service benefits, we refer to the following information:
The end-of-service is calculated on the basis of twenty-one days' pay for each of the first five years, and is calculated on the last basic salary after excluding all allowances.
The fact that the worker terminates the contract of employment after a period of five years does not prevent him from the right to receive the end-of-service bonus.
The UAE Labor Law has given the employer the right to terminate the work contract without notifying the employee or paying remuneration during the probation period.
Knowing that, the probation period must not be more than six months.
If the first six months pass, and the new employer agrees to respond to the pressure of the former employer, and he / she ends the work contract with you. Then, you can file a complaint against the employer.
The complaint can be filed at the Ministry of Resources for Humanity and Emiratisation in order to obtain compensation for the arbitrary dismissal, which is of a maximum salary of three months.
Here is the text of the UAE Labor Law regarding your inquiry:
Article 123
1. Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2. The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
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
A worker shall forfeit entitlement to his entire severance pay in any of the following two cases:
1. If he is dismissed from service for any of the reasons specified in Article 120 hereof or if he abandons his employment in order to avoid being dismissed in accordance with that Article.
2. If he abandons his employment of his own accord, otherwise than in either of the two cases specified in Article 121 hereof, without notice (in the case of indefinite term contracts) or before completing five years of continuous service (in case of definite term contracts).
The end-of-service is calculated on the basis of twenty-one days' pay for each of the first five years, and is calculated on the last basic salary after excluding all allowances.
The fact that the worker terminates the contract of employment after a period of five years does not prevent him from the right to receive the end-of-service bonus.
The UAE Labor Law has given the employer the right to terminate the work contract without notifying the employee or paying remuneration during the probation period.
Knowing that, the probation period must not be more than six months.
If the first six months pass, and the new employer agrees to respond to the pressure of the former employer, and he / she ends the work contract with you. Then, you can file a complaint against the employer.
The complaint can be filed at the Ministry of Resources for Humanity and Emiratisation in order to obtain compensation for the arbitrary dismissal, which is of a maximum salary of three months.
Here is the text of the UAE Labor Law regarding your inquiry:
Article 123
1. Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2. The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
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
A worker shall forfeit entitlement to his entire severance pay in any of the following two cases:
1. If he is dismissed from service for any of the reasons specified in Article 120 hereof or if he abandons his employment in order to avoid being dismissed in accordance with that Article.
2. If he abandons his employment of his own accord, otherwise than in either of the two cases specified in Article 121 hereof, without notice (in the case of indefinite term contracts) or before completing five years of continuous service (in case of definite term contracts).
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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