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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

They have terminated my contract without pay my...

تم تقييم هذه الإجابة:
They have terminated my contract without pay my contract
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Here in sharljah but work in Dubai
Lawyer's Assistant: Has anything been filed or reported?
They have given me a termination letter dated 15/01/2020but issued today
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes how is my contract period remaining paid

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that if you are working on a limited contract, the employer cannot terminate your employment contract suddenly and if the employer did so, you can claim to have compensation for the illegal termination of the work contract, which is the equivalent to three months' salary.
If the employer has terminated the unlimited contract without a legal reason and without a notice period, the worker may also claim compensation for the duration of the notice, in addition to compensation for the arbitrary dismissal. In all cases, the worker may claim the end of the service entitlements as well as airline tickets.
Finally, your complaint shall be submitted to the Ministry of Human Resources and Emiratisation.
Here is the text of the UAE Labor Law concerning your inquiry:
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.
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.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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