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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

I need assistant wit this letter tat was sent by...

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I need assistant wit this letter tat was sent by DHA on 29/3/2020 to our company stating that our resignation is on hold ..I have submitted my resignation on 10 /2/2020
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
Nope
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Are you guys located in Dubai

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الرد من العميل

Yes is regarding my resignation

الرد من العميل

الرد من العميل

I have forwarded u this statement tat was sent to the company on 29/3/2020

الرد من العميل

N I Hav given my resignation 10/2/2020

الرد من العميل

N finished my serving notice of 3 months on 10/5/2020

الرد من العميل

How long will it take

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Regarding the rules of general ban and in accordance with the Federal Labor Law, first, if the probation period is done, work may be terminated according to the legal principles, since it is permitted to those who have a definite contract to terminate the work according to the following without resulting by the termination any ban or absconding case, 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.
Article 118
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article 119
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as
a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of
monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
*** And that the matter is needed after the completion of the work to obtain a non objection from the employer, in addition to canceling the visa with the knowledge of the sponsor or whoever he delegates. This in general, and if you mean something else, it is possible to clarify, thank you.

الرد من العميل

Yes In regards to this statement tat was given to us

الرد من العميل

الرد من العميل

I have completed 6 years here and they accepted the resignation Whn I Hav given on 10 feb

الرد من العميل

It’s a 3 months notice period n I completed the 3months

الرد من العميل

But the company is using the government letter to refrain us from leaving due to lack of staff

الرد من العميل

My question is is this legal

الرد من العميل

For them to do this as this government letter above was issued after 1month plus of me handing over the resignation

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The legal position, as I mentioned to you, regarding the completion of the work even with the issuance of the government message, the lesson is by completing the amazing notification and then leaving the work without any responsibility on you.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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