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Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 98%
I have some problem so terminate from company with...
إجابة الخبير: 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
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 98%
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
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.5%
إسأل Lawyer
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 98%
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