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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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Hi, I am working as a manger for a private company...

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Hi, I am working as a manger for a private company in Dubai, UAE since 2 years under unlimited term employment contract. My visa expired on 5th Feb 2020. Just 10 days back, company issued termination letter under article 102 and 120 (low performance and substantial loss to the company). However, it was false allegation and proved that its not my fault. But management was inconsiderate and asked me to leave by 4th Feb 2020 which was not agreed mutually from my end. My laptop and email was disabled on 5th Jan 2020 itself and was sitting idle in office. Meanwhile, was insulted and humiliated by management, saying that it was my fault, etc. I went to office as usual on 5th Feb but i was stopped at gate by security. Also, employer filed a case against me, stating that my caused substantial loss to the company with reference to 3 warning letter which was issued in shorter period by repeatedly saying the same issue. As I didn't accept the termination letter as it is arbitrarily made, they asked me to put resignation letter an forced me to mention 4th Feb as my last working day. I refused and write my resignation as I will be serving notice period 3 months as per my labour contract. management refused to accept my resignation. Now they filed a case against me and my 3 months notice period also denied and they are not ready to give 3 months notice period salary. What can i do? Please, suggest me.

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that the employer relied on Article 120 of the Federal Labor Law to end your services and then imposed a penalty on your presence under Article 102.
  Then he referred the matter to the judiciary.
 In this case, you must first hire a lawyer to initiate the proceedings of the case on your behalf, and he must provide all evidence that you did not commit any legal violation under Article 120, and then the judiciary will judge of your labor rights, since your dismissal was done arbitrarily.

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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