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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Good afternoon

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly, could you clarify your question in details so we could help you legally better with pleasure.

الرد من العميل

Good afternoon, I start job with hotel 07/07/2019, after crisis of corona I got unpaid leave from 06/04/2019 until 07/07/2020, after that when I joined 07/07/2020, they gives us termination letter for 2 months started from 07/07/2020 until 04/09/2020.My question is how the end of service with be calculated? The unpaid leave is included? Because in my case if you counted with unpaid leave it’s one year and two months so I will get the the end of year gratuity(نهاية الخدمة), if the 3 months unpaid leave is not included so I finish with them less than one year they will not offer me the end of year gratuity.What about the UAE labour law telling about unpaid leave? And what is my all rights before going from there ?Thank you so much

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, if you signed for the settlement then it can’t be changed and the calculation will be according to the law which states that if the contract of employment is terminated according to the legal basis, taking into consideration the period of the warning and according to the type of contract if it is fixed period or indefinite period with no legal justification to terminate the work by the employer and according to article 120, Of the UAE Labor Law. According to the law, the end of service indemnity shall be paid to the worker for a maximum of ten days from the date of termination of work. If the employee has the right to complain in front of work and workers to compel the employer to pay full labor dues, If it is not possible, the matter shall be referred to the Federal Court for the purpose of determining the sentence and obliging the former employer to pay the rights to the worker as follows:
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.
So you can go to the labor office and file a complaint, if they can’t solve the issue then it will be referred to the court and get judicial judgment against the employer and force him to pay for you.

الرد من العميل

Thank you so much for your informations.About unpaid leave they are sending to me every month one paper to sign” I will not come to duty till the current situation of COVID-19 outbreak subsided and prefers to stay in accommodation due to personal fear. I have no objection that I will be on full unpaid leave and the company has no liability on my decision. My name my signature and number of ID are mentioned there”I have unlimited contract.My question In my case 3 months of unpaid leave will not be included in the end of service? They will count it also or no?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please kindly note that upon the completion of the work, this code enters from the unpaid leave in calculating the end of service reward, as the leave is considered a force majeure outside the control. Thank you.

الرد من العميل

Noted. How many days for the end of service as per UAE law for more than one year please

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 federal labor law regulating the nature of the contractual relationship between the worker and the employer, and the fact that the employment contract is limited, you shall pay attention to the fact that it ends with the end of this date without the need for any notice to you.
Article (113):
The employment contract ends in any of the following cases:
1. If the two parties agree to terminate it, provided that the consent of the worker is in writing.
2. If the period specified in the contract expires unless it has been explicitly or implicitly extended in accordance with the provisions of this law.
3. Based on the will of one of the parties in contracts of indefinite duration, provided that they abide by the provisions of this law relating to warning and the acceptable reasons for terminating the contract without arbitrariness.
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
So if you want to terminate the contract then you will be forced to pay the visa expenses, then the sponsor will ban you and you will be forced to leave the country.
It is best to settle friendly with him or wait until the work contract ends

الرد من العميل

Good afternoon,I have a question please, I’m working in hotel they give me termination letter because of corona crisis, they inform me that i will be payed for those 2 months notice period even if I didn’t work, and I’m not working now.My question is in this two months I will get 5 days vacation? And what about public holidays for al aid? At the end when I will get the end of gratuity+ 2 months salary, they will count also 5 days vacation salary+ public holidays salary also or not? My question is about vacation and public holidays in notice period it’s included the net salary? Or it will be extra ( 2 months salary+ 5 days vacation + public holidays)

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear first, the leave granted without salary due to the krona and work stoppage are justified with the granting of the salary to the worker, but at the end of the work the worker has the official holidays or the monetary allowance for them as stated in the text of Article (75) of the Labor Law. Maximum package of two months, as the law is not permitted to be combined for more than that

الرد من العميل

Good evening!I receive today one document to sign and I would like to share it with you because I didn’t understand what is mentioning there and If they are trying to take any of my rights. Please can you just help me if it’s normal document or something wrong is there. Thank you for your help in advance​​​​​​​​​​Date: ______________To: ​ General Manager​ Thru: ​ Director of Human Resources​ ​​Subject: Serving termination notice period. I ___________________, received a termination letter on the _____________ from Al Ain Rotana Hotel which I signed in acknowledgment. However, subsequent to the meeting I would like to request your consideration to allow me to stop working effective ___________ during my paid notice period stated in my contract and clarified in the Termination letter. Reason being that at the current moment there seems to be restricted job opportunities due to COVID 19 and I would greatly appreciate as much time as possible to find other employment in UAE. Should the hotel grant m request and I serve my notice period not working, I agree to follow all rules and regulations of both the company & the accommodation till my last day in the country or under the sponsorship. I am fully aware that if I fail to do so, the company reserves the right to process any disciplinary towards me in line with UAE Labor Law and company policies. Respectfully, Colleague: ___________________Clock #: _____________________Position: ____________________

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

After reviewing this document, it is a regular document related to the request to end the work, and there is no concern of this message that gives you work during the notice period and then the completion of the work if the notice period ends for the purposes of canceling the visa and then you can get a no-objection to change the workplace, there is no concern about it and you can sign it, knowing that it does not ignore any right for you.

الرد من العميل

Good evening sir!My 2 months notice period is paid like that they said, I just wanna know if I come back to my country during this 2 months per example I finished only 1 month here in uae, I will get the full two months salary? My second question in contract I have every 2 years, one air ticket to my country, if I found another job And I want to move from here during my notice period they will pay me for this air ticket? I finish 1 year and 2 months with themThank you

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

If you are given a two-month notice period and work one month and wish to leave work, the employer can submit swallowing escapes against you, which will result in a ban with your travel not being possible until after settlement with the sponsor and paying compensation to him as for airline tickets, they are subject to the contract’s duration. If the contract is terminated before its term ends, the cost of the airline ticket will be at your expense.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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