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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Good day ma, please, what can I do if my arbab is...

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Good day ma, please, what can I do if my arbab is bigger than Twafouq? I really need help, my name is Omogbolahan Alaba Ilubanwo, I am a Nigerian. My 2years contract ended with my company on the 7th of January 2020 so I decided to work a month from the ID I stopped working on the 6th of February 2020 which I notified them by letter that I am not willing to renew my contract I also go to the office in person 5 days to remind them I would stop work that very week, 2days after I stopped, I went to the office for my entitlement, my passport and certificates they lied to me that I can not be settled until 29th day of February that my ID will expire which I know is not true, they were even bold enough to tell me go to Labour and confirm. So I was compelled to go to the ministry of human resources and emiritisation just to know if was in accordance with the law, but I was told it's wasn't so, the person that attended to me try to me, she asked me to go get copy of my contract and told me what I needed to take from my company according to law and before I left she gave me a card to call 80060 for complaints so when I got home I called the number, firstly I make enquiries about the contract issue and I was told the same thing the person told me at ministry of human resources and emiritisation center, the the following day I see the arbab himself by all means I told him and he the person in charge, at the end they asked me to come the following day and the following day became 5 days. To make it succinct, I called and lay my complaint and the second day I was called to come to the ministry, when I got there I was told my arbab came and he has agreed to pay me accordingly but when I got to the office the story changed, they refused and I went back to the ministry and told them. They called the arbab I waited for hours and at the end he sent someone to represent him. They talked to him and at the end they said they would call us on Saturday and hand over everything to me on Saturday but when we departed I received call from the arbab son asking me to come to the office then I told him I was far away from Umm Al Quwain at the end of the call, he made them same statement they usually make that I should go to Twafouq and report. Saying he will not still give me my belongings. That is the reason I am doing this to know steps to take in case they do the same. Please help me. Thanks
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Umm Al Quwain. And this is the phone number I registered at the ministry of human resources and emiritisation center 0561801570. Thanks
Lawyer's Assistant: Has anything been filed or reported?
I don't know much about that ma. But after my complaints they sent me sms and the case is on at mohre but I think he is powerful the way they are still treating me. Especially the statement that, go and report. So just in case they failed on Saturday. Thanks
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Actually something happened along the way before the end of my contract, I had facial cut at work due to their negligence, because they do not care about safety. Actually they took care of the medicals then but later I have been spending my money on ointment just to eliminate the big mark on my face, in fact I have the last hospital bills I went last when I visited dermatologist last year. I spent over 300 AED on that and they have also caused me to lost about 1400 aed as the result of the delay

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If your inquiry is related to the non-payment by the business owner of your financial contributions, in addition to his procrastination with the officials of the Ministry of Human Resources and Emiratization, here is the following information:
You should review the Ministry of Human Resources and Emiratization in order to clarify and expose the employer's prevarication and non-payment of your financial contributions.
In addition, the employer must pay you the end-of-service gratuity, which is calculated at twenty-one days' pay for each of the first five years.
In addition to thirty days' salary for each additional year, the end-of-service gratuity is calculated on the last basic salary after excluding all benefits.
The employer must also pay for the flight tickets.
The employer must also pay the cost of your treatment if the accident was caused to you is an occupational accident.
Here is the relevant UAE labour law that is related to your inquiry:
Article 132
The worker having spent one year or more in continuous service shall be entitled to an end of service gratuity upon the termination of his service. The days of absence from work without pay shall not be included in the calculation of the period of service, and the gratuity shall be calculated as follows:
1 - The wage of twenty one days for each of the first five years of service.
2 - The wage of thirty days for every additional year.
Always provided that the total gratuity does not exceed the wage of two years.
Article 133
The worker shall be entitled to a gratuity for the served fraction of a year, provided that he completes one year of continuous service.
Article 134:
Without prejudice to the provisions of certain laws on the pensions and retirement benefits granted to workers in certain establishments, end of service gratuity shall be calculated on the basis of the last wage due to monthly, weekly and daily-paid workers, and on the basis of the average daily wage set forth in Article 57 hereof for the workers getting paid by piece. The wage used as a basis for calculating the end of service gratuity shall not include payments made to the worker in reimbursements, housing, transport and travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social services, and any other bonuses or allowances.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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