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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Hi, I am working for a company since 2 years under...
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
The termination of work in this way is considered an arbitrary dismal, which obliges the employer to pay compensation to the worker
therefore the correct legal procedure is to go to the labor office and to submit a complaint and in the event that he terminates your work without a legal reason, he is obligated to pay all labor rights to you in addition to compensation in accordance with the provisions of Article (115)
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
** The Labor Office may also give you permission to change the workplace without the need for no objection from the sponsor if it is proven that the employer is abusive in completing the work and what is not achieved with legal articles, especially Article (120) of the Labor Law, so we recommend that you follow up the complaint in the Labor Office
Whoever has the right to cancel the visa is the guarantor or whoever delegates it and with the issuance of the visa for two years, it cannot be canceled except with the approval of the employer, as it is according to the law Article (113):
The employment contract ends in any of the following cases:
1. If the two parties agree to terminate it, provided that the consent of the worker is in writing.
2. If the period specified in the contract expires unless it has been explicitly or implicitly extended in accordance with the provisions of this law.
3. Based on the will of one of the parties in contracts of indefinite duration, provided that they abide by the provisions of this law relating to warning and the acceptable reasons for terminating the contract without arbitrariness.
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
The law also provided legal protection for wages in the text of Article (56) which stipulated:
Article (56)
Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks. Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
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.
الرد من العميل
Thanks a lot. Where Dubai labor office is located? Do we need to type a complaint by own or shou7 need to approach typing center? Also, do I need to wait to give the complaint till my visa expiry or can I right away can go and report labour office?I requested my management to revoke the warning letter cum termination letter, they denied and pressurising to give resignation if I want to revoke the warning letter cum termination letter. Also ,they force me to mention 4th feb as my last working day and if I need extension of my visa further, expecting me to bear all visa and medical expenses. Otherway, even I wish to continue my work, they verbally saying that I need to work from 16k to 10K and plus visa medical expenses for myself and. Family.They are not giving anything in write-up but verbally threatening and putting condition.How can I manage this?
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
Perfectly replied. Thanks for your timely guidance.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
Many thanks once again
الرد من العميل
Another doubt.. let's believe that we got the settlement finally by going labour office or without going labour office. What about the issued warning cum termination letter in connect with such false allegation? If they want to take revenge on me, can they misuse those warning / termination letter to spoil my name in outside job market? How can we manage if we encountered such problem in future?
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Any unlawful action by the employer to you can be used against him and to submit a complaint if he inflicts any harm on you in the competent authorities according to the type of harm
So we assure you that if the relationship ends and the sponsorship is transferred, the employer cannot do or use any methods that would harm you, or if he was under the punishment according to the type of damage to you as we explained before
الرد من العميل
Thank you so much. Ur guidance serves me well.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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