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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
i HAVE a labour contract offer with clauses I dont...
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
You have an agreement with the employer to amend it, and you can refuse the right to sign and search for another job
الرد من العميل
Ok but I need advice on the specific clauses relating to non completion and termination and what you think about them
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
First, the work must be completed according to the legal principles so that you wouldn’t subject to the ban because of escape report by the sponsor.
In addition to changing the work and visa, it requires obtaining a NOC from the sponsor.
As for the completion of the work for the purposes of changing the work and visa, it must be done in accordance with the provisions of the law.
Article (113):
The employment contract ends in any of the following cases:
1. If the two parties agree to terminate it, provided that the consent of the worker is in writing.
2. If the period specified in the contract expires unless it has been explicitly or implicitly extended in accordance with the provisions of this law.
3. Based on the will of one of the parties in contracts of indefinite duration, provided that they abide by the provisions of this law relating to warning and the acceptable reasons for terminating the contract without arbitrariness.
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.
The law also provided legal protection for wages in the text of Article (56) which stipulated:
Article (56)
Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks. Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on 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.
Note that after resignation and accepting it that requires NOC and cancelling the visa by the sponsor or any other representative.
الرد من العميل
Non-CompetitionThankyou for your response however the non-competition clause I am referring to is below:Based on XXXX (A national Company I will be seconded to) management decision, upon the termination of employment, notwithstanding the cause or reason for termination, you shall not manage, consult to, become agent for, accept employment with (whether full time or part-time), or serve in a similar capacity with any other company or person which is at such time engaged in a business of a like or similar nature to the business conducted by the Employer, its successors and assigns including but not limited to any agent or distributor, save with the express written consent of the Employer which will not be unreasonably withheld. This shall only apply to employment in the GCC (Gulf Co-operation Council region).My contract offer is with a recruiting agency (i.e. the Employer) who will then send me to work for another company (a National company) as a consultant. According to this clause this company can prevent me from working in the gulf if I decide to leave or they terminate me for any reason they so wish although they say consent will not be unreasonably withheld whatever that means. I don't like this because its indefinite (no duration cap) and what does "unreasonably withheld" actually mean? Surely i should be able to leave and work for someone else providing I have not broken the law or done anything really terrible ?
الرد من العميل
Termination ClauseIn the event that the Employee breaches any of the restrictions in this Contract, the parties agree that she shall be liable to pay the Company a sum equivalent to her monthly Remuneration for each month or part of a month that he is in breach of this contract as compensation for the direct damages that will be incurred by the Company as a result of the breach. The Company reserves the right to claim further compensation in the event that the direct damages incurred are greater than the compensation provided by the Employee under this clause.I dont like this clause because in theory even if I make an unintentional action or mistake at work which costs the company money they can elect to come after me for the costs of the damage and the cost of that damage could be extremely high. Normally i am used to being indemnified against souch damages but this contract has no such protection.
الرد من العميل
So my question is what is your opinion about these clauses and should i accept them ? or would you accept them if you were the one being offered the job.
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that The Labor Relations Regulatory Act authorizes the employer to require the worker not to work with his competitors after the end of the employment contract within the following controls:
1) The works of the worker allows him to see the work secrets
2) The prohibition should be specific duration and place
3) The worker shall be 21 years old when they sign the contract
Article (127)
Where the work assigned to a worker allows him to become acquainted with the employer's clients or to have access to his business secrets, the employer may require him to undertake not to compete with him or participate in any enterprise competing with his own, after the termination of his contract. For such an undertaking to be valid, the worker must be at least 21 Gregorian years of age at the time the agreement is concluded, and the agreement must be confined, in terms of time, place and the nature of the business, to the extent necessary to safeguard the employer's legitimate interests.
الرد من العميل
Can it include the whole gulf or is it just cofined to say the Uae
الرد من العميل
Place means ? Can it include the whole gulf or is it just confined to say the UAE and typically what is the duration and what is considered as secret. Already there is a seperate confidentiality clause for that which as long as i abide by means i cannot divulge any secrets - correct ?
الرد من العميل
Is it common in the UAE
الرد من العميل
Is it common in the UAE for employers to not give consent and what is meant by will not be unreasonably withheld ?
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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