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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

My employer doest want to give my end of service...

تم تقييم هذه الإجابة:
My employer doest want to give my end of service benifits because the crisis right now they dont have budget and they are forcing me to sign my cancellation paper.. what best advice u can give?

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that regarding the end of service benefits, You are entitled to the first 5-year of service wage of 21 days, and what is more that the that you are entitled to thirty days' wage. In any case, it shall not exceed the benefit of two years.
If the employer refuses to give you the end of service gratuity, we advise you to do any of the following actions:

-file a complaint at the labor office against the employer via this link:

Complain

-file a lawsuit before the judge immediately as article 5 of the labor law states as follows:

All the proceedings in the court and filing a case as well as execution of the claim which filed by the worker are exempt from the payment of fees according to the provisions of the law. the court bay accept or refute the case also may decide to remove or impose the fees

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.

الرد من العميل

i finished my contract for 4 years Should i need lawyer to do this? if yes i cannot maybe afford because even my last month salary they didnt give..

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Submitting the complaint to the Labor Office is through the worker himself, and you can also file a lawsuit before the court without the need for a lawyer and when submitting the complaint, you must claim an end-of-service bonus and all of your due wages.

الرد من العميل

they ask me to wait until november untill they will recover .. then he said we will make agreement letter..Can i still complain in labour even i didnt give them notice for non-renewal coz that time our company is closed i forgot

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We advise you not to wait and you should submit a complaint immediately for fear that the complaint will not be accepted if a long time has passed since the employer violated the labor law

الرد من العميل

Hi Sir i contact our PRO he said my manager told him to proceed my cancellation without my signature.. I didnt get yet anything from them

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that If the company decides to cancel the work visa for the employee, it must first refer to the Ministry of Human Resources and Emiratisation request to cancel the work contract and the employee's work card must be signed by both the employer and the employee and attached to the letter Signed by the employee confirming that he has received all his salary and entitlements and the end of service from the company and after completion of cancellation by the Ministry of Human Resources and Emiratisation, the sponsor can only submit an application to cancel the residence visa before the General Directorate of Residency and Foreigners Affairs in the Emirate concerned and therefore can not proceed with the cancellation procedures before your sign a dissolution before the Ministry of Human Resources

الرد من العميل

Its already cancelled sir i checked.. how they i dont know.. I will to go to tasheel and check .. if proven they fake my signature.. i can file case to them right?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Yes, you can file a case and claim your rights according to what we have indicated above

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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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