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Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
My contract is unlimited and now my company...
الرد من العميل
CAN I GET 3 MONT SALARY FROME COMPANY SIDE
الرد من العميل
My contract is unlimited and now my company terminat me what banafit I got frome company side
الرد من العميل
Can i get 3 month bassic salary from companie side
الرد من العميل
Dear sir please give me a answer
إجابة الخبير: Abd Alhameed Kieshar
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
It should be noted that after reviewing your inquiry and legal scrutiny we would like to provide that for the resign and the duration of the period time, which is a month before leaving the work, is related mainly to unlimited contracts, but with limited employment contracts, the worker must execute the contract until the end of its term or writing agreement with the employer to terminate the contract of employment. The employer can break the contract if the employer does not perform the contractual obligations that stipulated in the contract or in the law such as non-payment of wages due to the worker as well as the occurrence of an attack on the worker from the employer or one of his representatives, after submitting a complaint to the Labor Office and prove it and request permission to obtain a new work permit after breaking the contract of work.
However, it should be noted that according to the Ministerial Resolution 756 for the year 2015, if the contract was set again, the worker may terminate the contract during the renewal period, with the following requirement:
1) The employer shall be notified before the termination in one to three months as agreed
2) The worker continues his working throughout the notification period
3) Pay for termination according to the agreement of the parties so as not to exceed the total wage for the work within three months
And in the case of commitment with the provisions of the law and what was mentioned above on the termination of the contract of employment and the worker continued to work throughout the warning period at the end of the limited contract during the period of renewal and payment for termination shall be entitled to rights terminated on termination such as end of service reward and monthly wage
And in case of violation of these conditions and termination of the contract of employment , the employer can report your escape, which may result in depriving you, which may reach a year
with article 113 of the Federal Labor Relations Act, which states that
Article (113) :
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
الرد من العميل
I have 3 year 9 month working in company and now company terminat me due to covid 19 in this condition what I get banafit frome company side my bassic salary is 2914
الرد من العميل
Please get me the answer sir
الرد من العميل
Muy contract is unlimited contract
إجابة الخبير: Abd Alhameed Kieshar
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
We would like to inform you that according to the UAE Labor Law, if you resigned from the work of unlimited contract legally such as informing the employer of the resignation before 30 days and keep on working during that period, so that termination is legal and you are entitled to get the end of services, allowances and all the due salaries. Also, the employer at the end of the contract shall grant you certificate of the end of services free of charge, that certificate clarify the date of starting and ending the services and the period of working and the type of the work and the last wage and return any certificate provided by the worker. The law prevents the worker from paying the visa fees unless there is written agreement between the employer and worker.
Article (113)
An employment contract shall terminate in any of the following cases:
- By mutual agreement of the Parties, provided that the worker's consent is given in writing;
- Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
- For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article (117):
- 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.
- 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.
إسأل Lawyer
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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