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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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I was cancelled last May 31st by my employer..and...

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I was cancelled last May 31st by my employer..and because my grace period is dine they want to file an absconding case on me because they said they will be the one who will shoulder my overstaying fine here in Dubai..can they file an absconding case on me ?

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that to terminate your work contract and the ban due to be absent, you have to be absent for more than 20 no successive days in one single year, or for more than 7 successive days.

Therefore, terminating your work without notifying you is considered legal violation and he doesn’t have the right to file an absconding report as you weren’t absent for more than 7 days.

So you can file a complaint against the employer via the link below:

Smart Tasheel / Complain

 As according to the Labor Law, below article states:

Article (120):

An employer may dismiss a worker without notice if and only if the worker:

1. Assumes a false identity or nationality or submits forged certificates or documents.

2. Is engaged on probation and is dismissed during or at the end of the probationary period;

3. Commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labor department of the incident within 48 hours of his becoming aware of its occurrence;

4. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;

5. Defaults on his basic duties under the contract and fails to redress such default Despite a written interrogation and a warning that he will be dismissed if such default is repeated;

6. Is finally convicted

7. Reveals any confidential information of his employer;

8. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours;

9. Assaults the employer, the manager in charge or any of his workmates during working hours

10. Absents himself from work without a valid reason for more than 20 no successive days in one single year, or for more than seven successive days.

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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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