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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Greetings for the day! To whom it may concern, My...

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Greetings for the day! To whom it may concern, My Boss keep on telling me, Give me your Emirates ID and I will cancel your visa and send you to Philippines and 1 year you can’t come here. I admit past few months I have absences due to my monthly period, so there’s months that I have 2 days absent but he never bother to say anything, so that’s why whenever I’m having stomach cramps and severe headache and back pain I’m staying at home, the major reason I can’t go to work when I have this it’s because I have to sit 12 hrs straight in office. I never complain when they cut my salary as I really need to rest those days. But I have never imagine that he will force me to send a resignation letter, that 2nd day I didn’t come to office he called me and was shouting at me. He constantly telling me, Send ur resignation letter right now, he called me 2-3 times and asking me to send through email with my signature but I can’t go down since I’m not really feeling well, I send my resignation letter without signature though, then the next day when I came to work he said he will accept/acknowledge my email. But he didn’t any way. So I thought the issue is finished since my colleagues was saying if boss didn’t reply, so leave it, just keep on working. But after that whenever he’s free he is telling me I will cancel your visa and send you to Philippines I will not allow you to work here in Dubai, it’s not my headache if there’s virus there or don’t have work there. I’m really devastated since I’m working with them for 1 year & 7 months, doing all the work that they’re giving me, they hire me as a Receptionist telling me that u don’t have much work to do here that’s why we offered you 2,000/-AED salary Only + accommodation & transportation, then I signed the contract which is written 2,200 plus transportation and accommodation, till this date I don’t have medical insurance that’s why whenever I’m not feeling well I just rest at home and take medicine I couldn’t go to clinic to get medical certificate since I don’t have medical insurance. Furthermore, the day I joined the company I started doing Data entry, Document controller, Admin Officer and Receptionist Job, despite the 12 hours duty I continued working with them since my Boss told me he will increase my salary if my performance is good, but after doing all my duties and responsibilities that they gave me, I even surpassed their expectations yet he never give the increment that he promised. And I never bother them for the increment any way, So now, I really need your help in this trying times, there’s COVID-19 Due to this pandemic It’s so hard to find a Job, most companies are firing staff, if my Boss keeps on telling me that he will cancel my visa, I’m fine with that even it’s hard for me, but what’s bothering me is that, whenever his saying that he will send me to Philippines and I couldn’t come here since he he’s planning to put ban on my passport. Before I joined this company I was working as Assistant Teacher/Sports Teacher in Government School. I’m a professional licensed teacher in Philippines with Certificate of Shari’ah Training Seminar which allow me to take the Special Shari’ah Bar Examination in Philippines and pursuing my Masters Degree. All these qualifications don’t matter this days due to this pandemic that’s why I’m so helpless and restless... Please advise me what I have to do. I badly need your help. Jazakumullahu Khayran.

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that if your sickness leads to your absence from work, here is the following information:
It is not possible for the worker, if he feels sick and tired, to be absent from work on his own. Rather, he must see a government doctor so that he is recommended for leave if his health condition so requires.
Also, repeated absence from work for a period of seven consecutive days or twenty separate days gives the employer the right to dismiss the worker while depriving him of the end of service bonus.


Here is the text of the UAE labor law, related to your inquiry:


Article (83)

1- The worker is not entitled to any paid sick leave during the probationary period.
2- If the worker spent more than three months after the end of the probationary period in the employer's service
He was entitled to a sick leave of no more than ninety consecutive or intermittent days for each year of his years of service, and it is calculated as follows:
A- The first fifteen days, with full pay.
B - the next thirty days with half pay.
C - the periods that follow without pay.

 

Article (120) which states that employer may dismiss a worker without notice if and only if the worker:

 

  1. Assumes a false identity or nationality or submits forged certificates or documents.

 

  1. Is engaged on probation and is dismissed during or at the end of the probationary period;

 

  1. Commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labor department of the incident within 48 hours of his becoming aware of its occurrence;

 

  1. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;

 

  1. Defaults on his basic duties under the contract and fails to redress such default Despite a written interrogation and a warning that he will be dismissed if such default is repeated;

 

  1. Is finally convicted

 

  1. Reveals any confidential information of his employer;

 

  1. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours;

 

  1. Assaults the employer, the manager in charge or any of his workmates during working hours; or

 

  1. Absents himself from work without a valid reason for more than 20 no successive days in one single year, or for more than seven successive days.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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