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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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الرد من العميل

I need legal advise form an employment lawyer plz

الرد من العميل

I am a doctor working in a private hospital in Dubai .,have been given termination letter from HR yesterday they put me on 6 months fully paid gardening leave and keep the accomodation till end of 6 months or when I find a job whichever is earlier . My contact package includes a return flights to New Zealand for me and my husband but they did not mention that ?? I have been working with them now for 1 year

الرد من العميل

Am I still entitled for the return tickets giving that I completed one year with them ?

الرد من العميل

Also , I have been given vague reasons , only verbally by HR personnel , for the termination saying that I have disruptive team behaviour and that is only because I had disagreement with the HOD few weeks ago which I have escalated to the CEO of the hospital and we had meeting which seems to be sorted everything out , I am lost for what I have been terminated and nothing clear other than this statement “ disruptive team behaviour “

الرد من العميل

As a doctor this termination of contract is a stigma on my brilliant job record for 28 yrs as never been terminated

الرد من العميل

It is my first job in Arabic country ....lost to the explanation of the reasons of termination

الرد من العميل

Questions

الرد من العميل

Am I entitled for written reasons of the termination ?

الرد من العميل

Am I entitled for returning tickets as per contract ?

الرد من العميل

Is this will affect my future job application in UAE ?

الرد من العميل

Shall I ask them to allow me to resign instead of termination ? Is this will affect my entitlement of paid six months as per contract or not

الرد من العميل

Hello anyone there

الرد من العميل

أستاذ معاذ هل تفضل الاتصال علي الهاتف للكلام

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Referring to Ministerial Resolution No. 270 of 2020 issued by the Human Resources Department regarding employment stability in the private sector during the period of application of precautionary measures to reduce the Corona virus, the institution may not reduce the employee's salary or grant him leave without pay without the consent of the other, and the Ministry confirmed the availability of channels to enable the worker to file a formal complaint against those carrying out these practices through the direct contact center with the Ministry or on 80060 or through its application on smart phones or its website.
The decision emphasized obligating the private companies registered with the Ministry to agree between the employer and the non-citizen worker who is authorized to work in the facility, in order to preserve the interests of both parties during the period of applying precautionary measures to limit the spread of the new Corona virus.
The Ministry indicated that the decision permits enterprises affected by the precautionary measures that wish to reorganize the work in them, progressively in their procedures in agreement with the worker where the employee may work for the organization remotely or grant him paid leave, the institution may resort to granting the employee leave without pay or temporarily reducing his wages during the period of precautionary measures or using the last option, which is to permanently reduce the employee's salary after his approval.
The decree obliges establishments that want to permanently reduce the wage of a non-citizen worker by applying to the "amendment of employment contract data" service to obtain the approval of the Ministry in accordance with the procedures in place.
We would like to inform you that flight tickets are related with the work contract whether it states that or not. So you have to review the work contract if it is stated there, then the employer has to comply that, as below article states:
Article (131) Repeated:
1- The expense of employee return expense, the value of the travel tickets. Also, as stipulated in the contract of employment of the company bylaws, the worker is entitled to his family travel expense and the transportation of the shipment of luggage.
2- In the cases which the employer provide housing for the worker, the worker should evacuate the house in a duration not exceeding 30 days of the termination.
3- The worker may not delay the evacuation of the house for any reason, provided that the employer should provide the following:
- the expense provided in text (1) of this article
- the end of service reward and any other dues committed by the employer according to the company bylaw or the law.
4- if the worker causes a conflict regarding the dues referred to, then the labor department shall specify these expenses and dues quickly within a week of the date of reporting this issue, provided that department should notify the worker of the specifies dues and entitlements.
5-in this case the duration of 30 days as referred to in text (2) shall be valid, as from the date of which the employer deposit the expenses and dues as specified by the labor department, with the cooperation with the competent authorities in the state, to take the necessary procedures.
6-the provisions of this article shall not be breached at the competent court.

الرد من العميل

I could not get access to the answer

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The link is not opening

الرد من العميل

Many thanks

الرد من العميل

Thanks for this reply

الرد من العميل

To clarify more that they give me 6 months ( as per contract ) gardening leave and to stay in the vila during this time it is only the other questions which I mentioned above regarding my right to have them stating the reasons of termination as well the tickets ?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Referring to Ministerial Resolution No. 270 of 2020 issued by the Human Resources Department regarding employment stability in the private sector during the period of application of precautionary measures to reduce the Corona virus, the institution may not reduce the employee's salary or grant him leave without pay without the consent of the other, and the Ministry confirmed the availability of channels to enable the worker to file a formal complaint against those carrying out these practices through the direct contact center with the Ministry or on 80060 or through its application on smart phones or its website.
The decision emphasized obligating the private companies registered with the Ministry to agree between the employer and the non-citizen worker who is authorized to work in the facility, in order to preserve the interests of both parties during the period of applying precautionary measures to limit the spread of the new Corona virus.
The Ministry indicated that the decision permits enterprises affected by the precautionary measures that wish to reorganize the work in them, progressively in their procedures in agreement with the worker where the employee may work for the organization remotely or grant him paid leave, the institution may resort to granting the employee leave without pay or temporarily reducing his wages during the period of precautionary measures or using the last option, which is to permanently reduce the employee's salary after his approval.
The decree obliges establishments that want to permanently reduce the wage of a non-citizen worker by applying to the "amendment of employment contract data" service to obtain the approval of the Ministry in accordance with the procedures in place.
We would like to inform you that flight tickets are related with the work contract whether it states that or not. So you have to review the work contract if it is stated there, then the employer has to comply that, as below article states:
Article (131) Repeated:
1- The expense of employee return expense, the value of the travel tickets. Also, as stipulated in the contract of employment of the company bylaws, the worker is entitled to his family travel expense and the transportation of the shipment of luggage.
2- In the cases which the employer provide housing for the worker, the worker should evacuate the house in a duration not exceeding 30 days of the termination.
3- The worker may not delay the evacuation of the house for any reason, provided that the employer should provide the following:
- the expense provided in text (1) of this article
- the end of service reward and any other dues committed by the employer according to the company bylaw or the law.
4- if the worker causes a conflict regarding the dues referred to, then the labor department shall specify these expenses and dues quickly within a week of the date of reporting this issue, provided that department should notify the worker of the specifies dues and entitlements.
5-in this case the duration of 30 days as referred to in text (2) shall be valid, as from the date of which the employer deposit the expenses and dues as specified by the labor department, with the cooperation with the competent authorities in the state, to take the necessary procedures.
6-the provisions of this article shall not be breached at the competent court.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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