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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
Good afternoon my name Rifaqat i am from Pakistan...
Good afternoon my name Rifaqat i am from Pakistan my question is company cancel me from work because of fight with my friends but when I contact to office that send me home no one can lessen me in office please any any suggestions
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai Sonapor
Lawyer's Assistant: Has anything been filed or reported?
Yes me report to the police same time because my friend abuse me and me hit but my friend no case against me
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Sir I want if thay not want me thay send me home because from last 13 days I am in room
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if your inquiry is related to that the company terminated the employment contract , the following information is important :
The UAE labor law does not give the employer the right to terminate the employment contract without a legal reason. And if the company terminates the employment contract without a legal reason, then you may file a complaint at the Ministry of Human Resources and Emiratisation against the employer in order to obtain compensation, a compensation that does not exceed a maximum of three months' salary ,for arbitrary termination. Also, if the employer refuses to send you back to your country, you may file an additional complaint at the Ministry of Human Resources and Emiratisation.
Here are the texts of the UAE Labor Law related to your inquiry:
Article 123
1. Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2. The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
Article 131:
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service. Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
The UAE labor law does not give the employer the right to terminate the employment contract without a legal reason. And if the company terminates the employment contract without a legal reason, then you may file a complaint at the Ministry of Human Resources and Emiratisation against the employer in order to obtain compensation, a compensation that does not exceed a maximum of three months' salary ,for arbitrary termination. Also, if the employer refuses to send you back to your country, you may file an additional complaint at the Ministry of Human Resources and Emiratisation.
Here are the texts of the UAE Labor Law related to your inquiry:
Article 123
1. Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2. The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
Article 131:
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service. Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
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Sir Thank you very much for suggest me
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
I am glad to receive your question and reply to it
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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