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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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Hi, pls to help me for clarification and what is...

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Hi, pls to help me for clarification and what is Law requirement. As per my agreement with my company, I completed my 3 months contract successfully. Due to family issue I need to stay at home 3,4 month after I go to my vacation(if company satisfactory) , or to cancel my residence visa before leave uae. I have send official notice as well. But my company informed me that, they will be deduct amount from my salary, for visa and what company spend any money for me. When I asked on what basis deduction? They informed me that, as per Article 117 UAE Labour Law. Appreciate if you clarify and help me on this matter. Thank you in advance hope your soon respond Best Reqards. Galib. M.

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

It is not permissible to agree in the contract on anything that contradicts the text of the law, as there is no diligence in the context of the text, and therefore if the legal work contract has not been modified and in relation to the notice period, it is applicable, as Article (117) provides for Article (115)
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract
Article (56):
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.
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.
*** Especially since the matter needs after completion of the work to obtain no objection from the work authority in addition to canceling the visa with the knowledge of the sponsor or whomever he delegates

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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