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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
I have been working in a company in sharjah from...
I have been working in a company in sharjah from 1998 sept . Due to the current problem I want to resign my job since I don’t want to take a chance on my health though for the time being I am on unpaid leave . What is the procedure to resign and get your end of the service benefits. Thanks
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Office is in sharjah and I live in dubai
Lawyer's Assistant: Has anything been filed or reported?
No I have not given any notice till now . We have been asked to take unpaid leave .
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Only how to get my end of the service benefit with outva problem .
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
If your inquiry relates to non-stamping of the visa, and you want to resign, here are the following information:
If the worker terminates the limited contract illegally, the worker shall pay compensation to the employer. It shall not exceed one and a half months' salary in addition to the employer's right to request a ban against the worker.
If the employment contract is unlimited, the worker may terminate the employment contract provided that the employer is notified at least thirty days before termination, with compensation to the employer not exceeding one and a half months' salary.
The worker's entitlements shall be:
First: End of service indemnity:
- It shall be calculated at 21 days salary for each of the first five years, in addition to one month salary for each year exceeding that.
- It is calculated on the last basic salary after excluding all allowances.
- The end of service indemnity for the remaining months of the year (seven months) is also considered.
Here is the text of the UAE Labor Law regarding your inquiry:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
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.
If the worker terminates the limited contract illegally, the worker shall pay compensation to the employer. It shall not exceed one and a half months' salary in addition to the employer's right to request a ban against the worker.
If the employment contract is unlimited, the worker may terminate the employment contract provided that the employer is notified at least thirty days before termination, with compensation to the employer not exceeding one and a half months' salary.
The worker's entitlements shall be:
First: End of service indemnity:
- It shall be calculated at 21 days salary for each of the first five years, in addition to one month salary for each year exceeding that.
- It is calculated on the last basic salary after excluding all allowances.
- The end of service indemnity for the remaining months of the year (seven months) is also considered.
Here is the text of the UAE Labor Law regarding your inquiry:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
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.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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