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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Can i ask something please

تم تقييم هذه الإجابة:
Can i ask something please
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am in uae dubai deira
Lawyer's Assistant: Has anything been filed or reported?
Not yet just need info
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I want to know that if leave a company there is a band of six months or no

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that the UAE Labor Law has defined the ways in which an employment contract can be terminated by the labor, which varies depending on the nature of the employment contract as follows:
First: If the employment contract is limited in duration:
In such a case, the worker cannot terminate the employment contract before the end of the period unless he obtains the written consent of the employer to terminate the employment contract so compensation must be paid to the employer for a maximum of one and a half months' salary
and the employer has the right to impose a ban against the worker and prevent him from working in the UAE for one year.
Second: If the employment contract is of unlimited duration:
A worker may terminate an employment contract provided that the employer is notified in writing at least one month prior to the termination of the employment contract or as provided in the employment contract it shall pay compensation to the employer equal to the salary payable for the notice period in addition to the payment of another compensation not exceeding a maximum of one and a half months' salary.
Here is the text of the UAE Labor Law regarding your inquiry:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
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.

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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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