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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hello there

تم تقييم هذه الإجابة:
Hello there
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Ajman and work in Dubai
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

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Kindly, could you clarify your question in details so we could help you better with pleasure.

الرد من العميل

Hello there,I had signed an internal contract with consultancy firm and was stated in the contract that we need to give each other 1 months notice in case we decide to part ways. Now for some unknown reason the employer wants to part ways but is not agreeing to give one months notice and pay the balance amount as per notice periodOn the contrary, since my salary was paid in advance each month the employer is asking me to return the half month salary and do the handover as well. I wanted to continue working and fulfill the notice period and handover but the employer has decided not to continue and is demanding the above Please advice as per the Labour Contract in UAE and let me know what should I do

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that if you are during probation period, the employer has the right to terminate the employment contract without warning and without gratuity.
  But if you are not in the probation period, he shall give you a notice.
If he does not give you a notice, your dismissal shall be considered arbitrary, and you will be entitled to compensation equal to the 3-month wage and the gratuity.
In all cases, he shall not be entitled to any refund from you.
We recommend that you file a complaint against the business owner through the following link:

الرد من العميل

Hello there,Thank your for your prompt reply.Can I send my contract copy with firm so you can have a clear picture on probation etc

الرد من العميل

Is it possible to attach copies on this platform if so let me know how I can do it as I need to attach the contract copyAwaiting your reply

الرد من العميل

Also one quick question I dont have a work permit number as I had my own investor Visa and was working on part time basis for this consultancy firm under a mutual contract that was agreed between usPlease advice what steps I can take and how can I send you copies of contract and conversation for a conclusion

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If you are working under an investor visa, this means that you are not an employee of the employer, you are a partner with him
Thus, if the contract was unlawfully terminated in this case, you shall file a case at the civil judiciary, demanding contractual rights and the penal clause if any

الرد من العميل

I have my own investor Visa and was working for this firm on the side as I knew the employer and she needed some help.....so I signed a contract internally to cover the term

الرد من العميل

I'm not a partner in her company....I have another business

الرد من العميل

Please advice

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If you sign the contract, if it is an employment contract, you are a worker, and in this case you have to file a case at the labor court
But if you signed this contract not as an employee, then in this case the contract is subject to the civil law, and you can claim any compensation for any damage caused to you by him through the civil judiciary.

الرد من العميل

Yes there was a contract signed on company letterhead as an employee...however there was no labour contract made or labour permission contract obtained for working.In this case, wouldn't Tasheel or Labour penalize me for approaching them and not having a contract in place Please advice

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

According to the federal labor law regulating the nature of the contractual relationship between the worker and the employer and with regard to the employment contract, the determination of this matter is regulated by the text of the law Article (35) taking into account what is stipulated in Article (2)
The employment contract is written in two copies, one of which is handed over to the worker and the other to the employer, and if there is no written contract, all of its conditions may be proven by all legal proofing methods, and therefore the contract can be proven in all methods of proof and you have no responsibility

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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