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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

Lawyer

I have some problem so terminate from company with...

تم تقييم هذه الإجابة:
I have some problem so terminate from company with out gratuity I need your help help
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu Dhabi
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They said working under the influence of acohol

إطرح سؤالك

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that an employment contract, whether limited or unlimited, can be terminated by the employer without notice period in accordance of the UAE Labour Law.

That means that an employer can terminate an employment contract without notice and: deprive the employee of his end of service gratuity, if the latter, during working hours, is found drunk or under the influence of prohibited drugs

Article 120 of the labour law

The employer may dismiss the worker without prior notice in any of the following cases :

a - Should the worker assume false identity or nationality , or submits false certificates or

documents .

b - Should the worker be appointed under probation , and the dismissal occur during or at

the end of the probation period .

c - Should the worker commit an error resulting in colossal material losses to the employer ,

provided that the Labor Department is notified of the incident within 48 hours of the knowledge

of the occurrence thereof .

d - Should the worker violate the instructions related to the safety at work or in the work

place , provided that such instructions be written and posted in a prominent location , and that

he is notified thereof should he be illiterate .

e - Should the worker fail to perform his main duties in accordance with the employment

contract , and fail to remedy such failure despite a written investigation on the matter and a

warning that he will be dismissed in case of recidivism .

f - Should he divulge any of the secret of the establishment where he works .

g - Should he be convicted in a final manner by the competent court in a crime of honor ,

honesty or public ethics .

h - Should he be found in a state of drunkenness or under the influence of a narcotic during

work hours .

i - Should he assault during the work the employer , responsible manager or co - worker .

j - Should he be absent without valid cause for more than twenty non - consecutive days in

one year , or for more than seven consecutive days .

 

Article 139

The worker shall be deprived of his end of service gratuity in the following two cases :

a - Should he be dismissed from service for any of the reasons set forth in Article 120

hereof or should he leave his employment in view of avoiding the dismissal therefrom in

accordance with the said Article .

b - Should he leave his employment of his own accord , and without notice in cases other

than the ones set forth in Article 121 hereof , and such with regards to contracts with

undetermined term , or prior to the completion of five years of continuous service with regards

to contracts with determined term .

الرد من العميل

They used article 99

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

Please note that the article 99 of the labour law is regulating the fact that it's prohibited to bring alcoholic drinks to work,
but the deprive of the employee of his gratuity is regulated by artcile 120 and 139 
And here's the article 99 text:
"Employers, agents of the employers or any other persons having authority on employees may not permit entry of any kind of alcoholic drinks into the places of business for consumption threat, and they may not permit entrance into or stay at the establishment or any intoxicated person."

الرد من العميل

If possible to earn gratuity from company or not?

الرد من العميل

I'm worked 5years 6months totally.

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

Please note that you're not eligible to get gratuity reffering to law,

إسأل Lawyer

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

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