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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

Lawyer

Good afternoon maam..i have a friend thats been on...

تم تقييم هذه الإجابة:
Good afternoon maam..i have a friend thats been on her vacation right now and shes under unlimited contract,free zone..her employer send her termination letter,is that legal?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
uae
Lawyer's Assistant: Has anything been filed or reported?
Not yet..she dont have any case also on her company
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Only that..thank you

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إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

Kindly be noted that if your friend was on vacation and is on an unlimited-term contract and the employer sent a letter of terminate a contract for her then in this case it is considered an arbitrary dismissal and your friend has to submit a complaint at the labor department and if the employer does not respond to your return to work then the complaint is referred to court.
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows:
1. 21 days' wage for each of the first five years of service.
2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.

According to the provisions of the Labor Law, which are listed as follows:
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.
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.

إسأل Attorney

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

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