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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi, I just want to ask if the company should pay...

تم تقييم هذه الإجابة:
Hi, I just want to ask if the company should pay me a 3 months salary if they have terminated me under an unlimited contract. The reason for termination is redundancy.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu dhabi
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My visa will be expiring on the 26th of March and I supposed to have my medical for renuwal on the 22nd March but yesterday, 19th of March I received my termination.

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الرد من العميل

I want to know my rights and how can I secure myself with the current situation of my visa feat termination feat covid19 situation in the country

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Second: Employment contracts that are indefinite and which require for its termination by the employer to notify the worker 30 days before the termination. If the employer fails to do so, he shall compensate the worker for compensation called a warning allowance. If the warning absence or its duration reduction do not result in any damage, then, the compensation shall be equal to the wage of the worker for all or part of the warning period, without prejudice to the rights of the worker's other rights.
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.

الرد من العميل

Means I can only get a 30days wage for the 30 days notice plus my gratuity. Is that right?

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Yes. In case you were not notified of the work termination, the other party (Employer) will be obliged to compensate you, in case to an end of service benefits 
 

الرد من العميل

They have given me a notice from 19th March, technically my last day will be on the 19 of April. My other concern is that my current visa will be expiring on the 26th March. Should I still work after my visa expiration?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

You may leave the work as soon as the notice period ends even if the visa is still valid, so you may request the company to cancel the visa for the purpose of transferring the sponsorship and changing the employer.

الرد من العميل

My visa will expire on the 26th March. And the notice period of my termination is until 19th of April. I don't have a valid visa after 26th March

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

If the indication is not valid, it must be canceled by the employer, and its invalidity does not mean that it is not canceled. The employer can review the cancellation, and if you are arbitrary in this right, you can file a complaint and request cancellation with the knowledge of the labor office

الرد من العميل

Can you please simplify the explanation for me. Does an expired visa still needs a cancellation?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

In a very simple language, with the end of the work, whatever the reasons for its completion, the employer (the sponsor) must cancel the visa, and if the company refuses to cancel the visa, even if it is terminated,, whoever has the right to cancel is the labour office if it is proven that the employer is abusive to cancel and reject

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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