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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
Sir I need a good idea how can i cancel my visa in...
Sir I need a good idea how can i cancel my visa in my company limited contract. Because before I and my section incharge having a problem he complain me in HR office even it's not my fault..he is the one who asking for Fighting me and then I go to HR office June 20 2020..because of that complain..and I explain to HR Everything what happen this kind of issue..because before my co-worker they want me to try cheating..and June 20 2020 I complain the cheater guy stealing food without paying.to the HR manager ..and there is a evidence he stealing that food base on CCTV camera record..but my company is unfair that guy allowed again entereng to shop..and HR giving me a warning letter even it's not my mistake..now I catch him again..his stealing water bottle.but my manager and supervisor protekting him why? How about me why I am transferring other place why giving me warning letter..please help me where I can complain I want to complain in pulis but I dont know if they can help me in this problem..thank you
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And I afraid even my company transferring me other branch I am still afraid maybe my company making me a big problem..
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if you were treated in an unfair way by the company, a complaint may be submitted to the Ministry of Human Resources and Emiratisation. The Ministry will investigate the complaint. Before submitting a complaint, you may submit another complaint to the owner of the company you work for in order to protect you. Also, you do not have the right to file a complaint at the police about the theft, as it is the person who has the right to file a complaint who is the owner of the money that was stolen.
An indefinite contract may be terminated on condition that the notice period is taking into account , which is the period of which shall not be less than 30 days.
In that case, the worker shall be obligated to perform the work within the notice period, so that he does not pay compensation to the employer.
Here are the texts of the UAE Labor Law related to your inquiry:
Article 117
1. 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.
2. 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.
In that case, the worker shall be obligated to perform the work within the notice period, so that he does not pay compensation to the employer.
Here are the texts of the UAE Labor Law related to your inquiry:
Article 117
1. 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.
2. 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.
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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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