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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi I want to know if I lodge a complain in MOHRE...

تم تقييم هذه الإجابة:
Hi I want to know if I lodge a complain in MOHRE as I have been terminated recently and the company is not releasing my entire funds Untill I get my visa cancelled . I want to know if I complain will I also be get this all extension with the entire amount that am liable to get

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the UAE Labor Law, the settlement shall be paid within 10 days, if not, then you have to file a complaint in the labor office and ask for your rights;
The below articles are related with the end of services benefits:
Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.
Article (75):
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Therefore, you have to file a complaint in the labor office and if they didn't help you then you can go to the court to get legal judgment to force the employer to pay.

الرد من العميل

I know I can file a complaint and get the entire amount but my main concern is will the company give me an extension on the same visa or willThe immigration department consider an extension of visa in my case after filing a complain to get the entire funds ? As I contacted the labour and they told be they would help meTo get the entire amount but not sure whether they can get me an extension under same visa Please let me know will I get an extension visa immigration department? as the Company will cancel the visa immediately after releasing the funds .

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

According to the UAE Council's decision to extend residence permits ending on March 1, 2020, or within the time limit specified for this decision, for a period of three months, which can be extended without any additional fees being charged when renewing, to make it easier for residents in the country, and to exempt them from any violations financial consequences under the current circumstances due to the Corona pandemic

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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