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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Good afternoon pls I need an advice on what to do...

تم تقييم هذه الإجابة:
Good afternoon pls I need an advice on what to do with my employer. I have an employment visa with him.before I got employed he said he will be paying at every fifteenth of every month. But now he won't pay ontill seventeen last month I have to stop work for a day before I got paid and this month today is the second day am not working and they are not talking to me.what can I do please
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu Dhabi
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
That will be all

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الرد من العميل

Waiting for your respond

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the UAE labor law, all of the above is considered to be in violation of the labor law and the labor contract, and accordingly the law provides legal protection for wages for wages in the text of Article (56), which stipulates the workers appointed with annual or monthly wages, whose wages are paid at least once every month, and all other workers pay their wages once every At least two weeks. Therefore, with the possibility of a complaint in front of work and workers and the filing of a lawsuit against him, work may be left according to the text of Article (121). The worker may leave work without warning in one of the following two cases:

A- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law. The law also obliges you to give you no objection to changing the work authority and canceling the visa for the purpose of transferring this guarantee from the side and from the side of canceling the visa you can not cancel except with the consent of the sponsor or whoever delegates it, since this is his right but with the presence of the violation can cancel the visa with the knowledge of the Ministry of Labor on the condition of the existence of the violation It is the failure to pay the agreed-upon wages in the contract, according to the legally specified date

B- If the employer or his representative legally assaults the worker. Consequently, it is possible to file a complaint in front of the labor office and explain the matter in detail, as it is the authority with jurisdiction to settle labor disputes. It is also possible to submit a complaint electronically by entering this link Labor complaint (Tzahil) 

The law also specified working hours,

Article (65)

The maximum normal working hours for adult workers is eight hours per day or forty-eight hours per week. Working hours may be increased to nine hours per day in commercial business, hotel business, canteens, guarding and other work that may be added by decision of the Minister of Labor.

It is also permissible to reduce the daily working hours for exhausting or harmful health work by a decision of the Minister of Labor and Social Affairs and the normal working hours are reduced by two hours during the month of Ramadan and the periods spent by the worker in the transition between his place of residence and the workplace are not counted within

Article (66)

Daily working hours are organized so that the worker does not work more than five consecutive hours without periods of rest, food and prayer that are not less than one hour in total, and these periods are not included in the calculation of working hours.

As for factories and laboratories where work is in successive regiments, day and night, or in work in which technical and economic reasons are imperative to continue the work without stopping, the Minister organizes, by a decision, how to give workers rest periods, food, and prayers.

Article (67)

If the working conditions call for the employee to work more than the normal working hours, the period of increase is considered an additional time for which the worker receives a wage equal to the wage corresponding to the normal working hours, plus an increase of not less than 25% of that wage.

 

Article (68)

If the working conditions require that the workers work an additional time between nine o'clock in the evening and four o'clock in the morning, the worker shall be entitled to the extra time determined for the normal working hours, plus an increase of not less than 50% of that wage.

Article (69)

The actual additional hours of work may not exceed two hours per day unless work is necessary to prevent a serious loss or a serious accident or to eliminate its effects or mitigate them.

Article (70)

Friday is the normal weekly day of rest for all workers except for day laborers. If conditions warrant that the worker be employed on this day, he must be compensated for another day of rest, or he must be paid the basic wage for normal working hours plus an increase of at least 50% of that wage.

Therefore, we recommend that you file the complaint in front of the labor office and explain the matter in detail. In the event of proof of the violation, then you can leave the work without forcing you to pay any compensation to the work party as a result of leaving the work and without prior notice to it while retaining all the labor rights. We advise underestimating a lawyer who handle and follow the complaint.

 

الرد من العميل

So how can I right to labour

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The complaint can be submitted electronically by entering the link provided to you by filling in the online complaint form, or by going to the labor office in the emirate where you reside and submitting a complaint by clarifying the facts to this authority, and it is the one who takes the rest of the procedures to call the employer and checks

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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