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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

Lawyer

i sign recently 2 years limited contract in Dubai...

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i sign recently 2 years limited contract in Dubai i already finish 3 contracts in same company (finish total 6 years). now recently i sign new labour contract which was given to me same day but after i went for visa-medical. In previous 3 contract the termination notice was mention only one month but in the recent labour contract company mention termination time 3 months. Now i want to give one month notice period for resign because i found another job with good salary. should company will put a labour ban on me or should company will force me to give 3 months notice period? should i am entitle for my gratuity? in previous contract i have to on pay only 45 days on salary in case of resignation but this time i donot have any id. i want to give one month notice period for resign.please assist me

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إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

We would like to inform you that if you want to terminate a limited contract before the term ends, then in this case if the contract was terminated by the employer’s side, the worker was obligated to compensate the employer for the loss he had sustained as a result of the termination of the contract, the compensation amount does not exceed half a month's wages for a period of three months or the remaining period of the contract, whichever is shorter
We would like to inform you that the contract shall be executed according to what was stipulated in the employment contract that the termination time is three months in advance, and you may not give a month a notice period as this a violation of the terms of the employment contract unless you are agreed upon that with the employer so that you are not subject to a one-year labor ban.
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. 

الرد من العميل

Dear Sir, thanks for you reply.I have one doubt, I read in news paper if you are on limited contract and you already finish first contract then in case of resignation company will not put you labor ban, there is no labor ban any more as per new law and in my contract three months notice period is mention in case of resignation what if i will give one month notice period and 45 days salary as compensation to company, Is i am able to do that? Still my company will force me to give 3 months resignation? because most of companies will not wait for you for the period of three month resignation.

إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

We would like to inform you that you must commit to what was agreed in the labor contract that the notice period be three months, and that if the contract of employment is terminated after only one month, an escape report and ban for you for a year will imposed on you
We advise you to commit by the terms of the employment contract regarding the notice period stipulated in the employment contract and its duration is three months, accordance with the provisions of the UAE Labor Law: -
Article 128
A non-National worker, who abandons his work without a valid reason before the expiry of his definite term contract, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.

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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27510 | نسبة الرضا 98.6%

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