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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi I am a mediator. My client has a labour...
Hi
I am a mediator. My client has a labour dispute. His contract has been terminated in the probation period after 4 weeks. he was given a rent advance for 6 months, plus he paid the rent deposit of AED5K. The company paid for 2 weeks in hotel. He stayed an extra week because he was not issued with EID/bank account to sign lease. they are holding his passport and demanding the rent deposit back. also, he worked extremely hard. there were not real performance issues, save for what is normal for someone starting a new job in a new country. In fact sounds like unfair dismissal. Company is in Dubai Media City.
1. can they hold his passport
2. the money has been paid to landlord already, have to give 2 months notice in advance to get back the rent.
3. can we take this to freezone courts for unfair labour practise or unfair dismissal. no written warnings at all. He left very gook job in the UK which was very secure (2.2years in that position) to come here.
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What is the response time? Its the first time that I'm using this site.
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Will the response be via email or phone?
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that According to the federal labor law regulating the nature of the contractual relationship between the worker and the employer, in the event that the work was completed in the probationary period, this is a right for the employer if it is proved that he is not competent
But in the event that the termination took place without legal reasoning, it is considered an arbitrary dismissal by the employer, compensation can be requested in exchange for the termination, especially since the text of Article (115) stipulated that the employment contract was limited period and the employer canceled it for reasons other than those stipulated in Article (120) he was bound The employee shall be compensated for the damage he sustained, provided that the compensation amount does not in any way exceed the total wages payable for a period of three months or the remainder of the contract, whichever is shorter, and that is all unless there is a text in the contract stipulating otherwise
Article 37
A worker may be employed on probation for a period not exceeding six months, during which the employer without notice or severance pay may terminate his services. A worker shall not be placed on probation more than once with the same employer. Where a worker successfully completes the period of probation and continues in employment, the said period shall be calculated as part of his period of service.
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 the employer is proven unfair to finish the work and what is not achieved with legal articles, especially Article (120) of the Labor Law, so we recommend that you pursue the complaint before 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.
But in the event that the termination took place without legal reasoning, it is considered an arbitrary dismissal by the employer, compensation can be requested in exchange for the termination, especially since the text of Article (115) stipulated that the employment contract was limited period and the employer canceled it for reasons other than those stipulated in Article (120) he was bound The employee shall be compensated for the damage he sustained, provided that the compensation amount does not in any way exceed the total wages payable for a period of three months or the remainder of the contract, whichever is shorter, and that is all unless there is a text in the contract stipulating otherwise
Article 37
A worker may be employed on probation for a period not exceeding six months, during which the employer without notice or severance pay may terminate his services. A worker shall not be placed on probation more than once with the same employer. Where a worker successfully completes the period of probation and continues in employment, the said period shall be calculated as part of his period of service.
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 the employer is proven unfair to finish the work and what is not achieved with legal articles, especially Article (120) of the Labor Law, so we recommend that you pursue the complaint before 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.
So you can go to the labour office , as the passport should not hold at all
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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