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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

Lawyer

Hi gud evening.. I want to us if required that i...

تم تقييم هذه الإجابة:
Hi gud evening.. I want to us if required that i pay 7k aed in my company for my cancelation.. Because i have sensitive pregnancy that why i told to my company that i cannot go to work for duty..
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Its nearby by union metro station
Lawyer's Assistant: Has anything been filed or reported?
I dont know
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Only for cancelation if its required that i need to pay..

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إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

Please, kindly be noted that if you work in one of the companies and want to cancel the work contract and you have been asked to pay an amount of seven thousand dirhams to allow you so, then in this case you do not have to pay that amount to terminate your contract, since that if your contract is fixed-term, you can not terminate it until the contract ends or with the consent of the employer
However, if your contract is unfixed term  then you can terminate the contract that does not have a period of time for a legitimate reason at any time after the contract has been held after the employer has been notified in writing at least thirty days before termination and the contract remains in effect for the duration of the notice period referred to in the previous article and ends with its termination and the worker deserves his / her full wage for that period on the basis of the last wage he / she takes. He / she must do the job during this period if the employer asks him to do so. It is not permissible to agree to exempt from the notification condition or reduce its time limit, but it is permissible to agree to increase that time limit and if the worker neglects the employer's notice of termination of the contract or if the notice period decreases, the obligee must give the other party compensation in the form of a “notification allowance” even if it does not result in neglecting the notice or minimizing its duration is harmful to the other party, and the compensation is equal to the wage of the worker for the entire notice period or the missing period of it.
Article 113
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
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.
 

إسأل Attorney

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

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