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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Good evening, I got terminated from the company...

تم تقييم هذه الإجابة:
Good evening, I got terminated from the company due to corona virus issues, and I would like to know my rights and what I am eligible for? Due to this situation with corona virus I can’t leave the country so my question is should my company provide me with accommodation allowance and ticket home until I can travel back home?

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that if the company owner closes it and terminates the employment contracts before the expiry date, the worker can file a complaint at the Ministry of Human Resources against the employer in order to apply for a compensation as a result of the illegal termination of the contract, in addition to allowing the worker to transfer the sponsorship without the consent of the current employer if he has a new job offer.
He will also receive the end of service entitlement, which is calculated by the wage of twenty-one days for each year of the first five years and thirty days of each year after that, in addition to airline tickets if you want to return to your country and will not continue to work in UAE.
Here is the text of the UAE Labor Law, concerning your inquiry:
Article 123:
1 - Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2 - The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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