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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi,I have been given my notice 3 weeks ago due to...

تم تقييم هذه الإجابة:
Hi,I have been given my notice 3 weeks ago due to Covid-19. I have read articles that there is legislation in place where the employer is to continue to pay living allowance until the employee either gets a new job or leaves the country. When i contacted my employer about this they said this only applies to employees who have physical housing provided & that i am not eligable, is this correct?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
no
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No, i just want to know if i am entitled under the legislation.

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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.
the new Ministerial Resolution issued on Human Resources No. 270 for the year 2020, which was approved to preserve the business interest, which at the same time and according to the text of Article (2) of the decision, which gave the employer the right to the following
1- Reducing wages
2- Granting the worker a paid vacation
3- Granting the worker leave without pay
So the medical condition that you are suffering from may intercede for you, and it is best to settle and explain the matter to the employer to take what is in your favor if approval has been obtained from him, as we advise you to refer to the decision and see it.

الرد من العميل

This doesn't answer my question & i don't have a medical condition.My employer issued my notice with immediate effect without any discussions. I did request a reveiew & offered to take 25% wage reduction but was told the decision was final.My question is under the new legislation am i entitled to continue to receive living allowance until i either leave the country or get another job. My employer is saying this only applies to employees who have physical housing provided, is this correct.

الرد من العميل

Please find related link below,https://eur05.safelinks.protection.outlook.com/?url=https://www.thenational.ae/uae/government/coronavirus-uae-employers-must-pay-housing-allowance-to-laid-off-staff-judge-warns-1.1004844&data=02|01||b85a7721f11d41f2e82108d7e5524e08|84df9e7fe9f640afb435aaaaaaaaaaaa|1|0|637230014029953265&sdata=wleFYwszU2BZOzggqpVb4cRgKKsJjq/+jB7mxtLovcM=&reserved=0

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

You are entitled to a salary allowance for the period of notice and until you quit work, and therefore you have the right to receive a living allowance during the notice period and until you leave work as indicated, and it also requires that the employer give you no objection after canceling the visa for the purpose of obtaining a new job and transferring the guarantee to a new employer, and therefore the matter of housing is limited to those who have the right to housing provided by the workplace and stipulated in the contract without extending to others

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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