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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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My company wants to reduce my salary and visa...

تم تقييم هذه الإجابة:
My company wants to reduce my salary and visa designation to skill level 4 due to the current crisis brought by the epidemic. I completed 6 months with my employer. I have submitted my attested bachelors degree upon processing my visa. My labor contract is unlimited with a month’s notice if I leave. Will I get a labor ban if I resign considering that I now belong to unskilled (level 4) category? What are the conditions/requirements that I should meet to avoid labor ban? Thank you.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
UAE
Lawyer's Assistant: Has anything been filed or reported?
Nothing yet
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Nothing for now

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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 labor law, just as the law provide legal protection for wages and wages
Article (56) which stipulates:
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.
Therefore, you can go to the labor office and submit a complaint in the event that the ban imposed to prevent the spread of Corona disease is lifted, and the employer can be changed without NOC from the sponsor

الرد من العميل

Thank you.As a general question, what are the rules now for labor ban? I am having an unlimited contract, completed 6 mos., visa designation falls under level 4, with attested bachelors degree certification. Will I get a labor ban if I leave the company? Thank you.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Regarding the rules of general ban and in accordance with the Federal Labor Law, first, if the probation period is done, work may be terminated according to the legal principles, since it is permitted to those who have a definite contract to terminate the work according to the following without resulting by the termination any ban or absconding case, 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.
*** And that the matter is needed after the completion of the work to obtain a non objection from the employer, in addition to canceling the visa with the knowledge of the sponsor or whoever he delegates. This in general, and if you mean something else, it is possible to clarify, thank you.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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