إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
i started my job on January 7, 2020 in LLC Comapny...
i started my job on January 7, 2020 in LLC Comapny of Dubai. Due to the current market condition, Company discontinued my servces on 26th april. I dnt have any leave. Can Company deduct my salary till 26th April.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
We sined 1 document, where mentioned due to the market conditions they discontinued my servuces.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
no thx
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الرد من العميل
Please let me know answer
إجابة الخبير: 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.
According to the UAE Labor Law, being the law that regulates the nature of the contractual relationship between the worker and the employer, and with regard to wages, it is not permissible to reduce it with the validity of the contract and the non-expiration of its period, given that the law provided legal protection for wages, especially since the Labor Law stipulated in Article (56) which stipulated
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.
** Thus, it is possible to go to the labor office and file a complaint in the event that the ban imposed to prevent the spread of Crohn's disease is lifted and the employer can be changed without the need for no objection from the sponsor
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.
According to the UAE Labor Law, being the law that regulates the nature of the contractual relationship between the worker and the employer, and with regard to wages, it is not permissible to reduce it with the validity of the contract and the non-expiration of its period, given that the law provided legal protection for wages, especially since the Labor Law stipulated in Article (56) which stipulated
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.
** Thus, it is possible to go to the labor office and file a complaint in the event that the ban imposed to prevent the spread of Crohn's disease is lifted and the employer can be changed without the need for no objection from the sponsor
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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