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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

hi! I am currently on my 30 weeks of gestational...

تم تقييم هذه الإجابة:
hi! I am currently on my 30 weeks of gestational period and my employer recently terminated us due to redundancy. Is there any law that will provide additional compensation to me or is there any law that will state this as unfair?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
Not yet. I am planning to talk with my HR regarding this. Though I cannot appeal to them to stay in the company
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Our compensation from the company by the way is 2 months notice and we are only going to be given 50 percent of our basic salary and allowances during that period.

إطرح سؤالك

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

According to the facts presented to us and according to the UAE labor law, attention must be paid to the text of Article (37) related to the trial period, which was shown and clarified the matter as follows:
Article 37 :
The employee may be appointed for a probationary period not to exceed six months, and the employer may terminate the services of the employee during this period without giving a notice or end of service remuneration. Appointment of the employee on probation basis in the service of one particular employer may not be made more than once. However if the employee passed the probationary period satisfactorily, and remained in service, such period of service shall be computed in the period of his service.
** Therefore, during this period, the employer may dispense with your services without giving notice or time limits and without having any rights except for the salary due to you this is on the one hand, and on the other hand, if the test period for the first six months is not obligatory for the company, this period is called the trial period, and what is paid obligatory on the company is the salary only.
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.

الرد من العميل

I have been working in the company for two years straight already.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

In the previous answer, in which you talked about the period of business and the termination of work, but if you have a work contract with a service for a period of two years and the termination of services by the employer, this matter is legally regulated in Article (115) if the work contract is of a limited time and the employer has rescinded it for reasons other than those stipulated in Article (120) He was obligated to compensate the worker for the damage he sustained, provided that the amount of compensation in no way exceed the sum of the wages payable for a period of three months or the remainder of the contract, whichever is shorter, and that is all unless there is a text in the contract stipulating otherwise. Unless the reason for termination is related to what is stipulated in Article (120).

الرد من العميل

My contract is unlimited. And per contract it is 3 years so basically, my contract isn't finished yet

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

It is considered an arbitrary chapter and can be requested for compensation, as was done previously. Thank you

الرد من العميل

Alright. Thanks! Is there any law, however, that can protect pregnant ladies? I am in my third trimester and if they are going to terminate me like this, I need more compensation aside from what they are going to give.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The law is clear in this regard, and as explained to you previously, if the work was terminated without granting you a notice period, according to the text of Article 115 as compensation for you in addition to the end of service equivalent if the service exceeds the general service at the employer

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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