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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I need help with Labour Law

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly, could you clarify your question in details so we could help you legally better with pleasure.

الرد من العميل

I was provided accommodation by my employer (School, I am a Teacher) - since 2012 for me and my family, when my wife resigned in 2019 who was also working with me they asked me to vacate the schools accommodation and said they will provide only AED 1200 as HRA. This was not the agreement mentioned in my appointment letter, it clearly states accommodation will be provided by the school. I had to pay 58,000 to get an accommodation and move because they forced me to vacate. I have supporting mails to prove this claim. Now I have resigned and have filed a labor case against the school and want to make this claim of 58,000 I have paid for rent. Under what article can I claim this amount?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that the contract is the main reference between parties, and therefore the contract stipulated in it is binding on its parties, and none of the peculiarities of it is permissible for any item agreed upon, otherwise the injured party has to file a complaint in front of the labor office. His travel ticket, as well as what the worker may stipulate in the labor contract or the facility’s system, in the expenses of his family’s travel and the expenses of shipping his luggage.
2- In cases where the employers provide housing for the worker, the worker shall vacate the residence within a period not exceeding thirty days from the date of the end of his service.
3- It is not permissible for the worker to delay the eviction of the residence after him for any reason, provided that the employer gives the worker the following:
A- The expenses stated in item (1) of this article
B- End of service benefits and any other entitlements to which the employer is obligated according to the work contract, the establishment system or the law
4 - If the worker disputes the value of the expenses and dues referred to, the competent labor department shall determine these expenses and dues on an urgent basis within a week from the date of informing them, provided that the worker is notified of them immediately after fixing them.
5- In this case, the thirty-day period referred to in Clause (2) of this Article shall enter into force as of the date of the employer depositing the specified expenses and dues with the knowledge of the Labor Department, the Treasury of the Ministry of Labor as a trust. If the worker does not vacate the residence after the end of the aforementioned thirty days, the Labor Department, in cooperation with the competent authorities in the concerned emirate, takes the necessary administrative measures for eviction.
6- The provisions of this article are without prejudice to the right of the worker to dispute it before the competent court.

الرد من العميل

The accommodation was given to me and not to my wife, I was under the school visa (employer) and while I was working, I was asked to move out of the accommodation after 7 years for no justified reason. Is this justified? and how can I claim the rent I have paid after I was evicted as I was forced to leave and only AED 1200 was given as HRA.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

If you have a work contract and stipulate the agreement and provision of housing, you can in this case resort to the judiciary, but the matter requires sending legal notification through a lawyer demanding the amount of the rent paid in full, otherwise the claimant has the right to resort to the judiciary in the event of non-response or refusal, while charging you fees and expenses at the time, the judiciary is the one to decide on this dispute. To ensure that a ruling is made in your favor, an employment contract or a copy of it must be submitted and proof of termination by the employer without any legal justification.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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