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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Lawyer
Our employee is in a limited contract for 2years....
Our employee is in a limited contract for 2years. He resigned before completion which means labour ban can be applied. However, when Tawafuk called to confirm with both parties he withdrew his resignation. We want to reject his withdrawal of resignation as he is imposing conditions on his work timings which cannot be accepted. As an employer can we reject his withdrawal - what is the law? If he raises a complaint, can we as employer be held accountable in any way?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
We are in UAE. Office is based in dubai.
Lawyer's Assistant: Has anything been filed or reported?
We had filed a labour request for labour ban in Tawafuk. During call with Tawafuk he said he will continue to work. But he is creating conditions in working and we want to reject his withdrawal.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
During call with Tawafuk, he said he will continue to work and Tawafuk official said ok goto work. No confirmation was given by us. Once we reject withdrawal of resignation we will have to again raise request to apply labour ban.. Will this be accepted if employee is ready to work?
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إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
If the worker submits his resignation, he cannot withdraw it except with the consent of the employer, and therefore if he imposes any conditions or requests to continue working, you can prevent him from doing that and demand compensation for leaving work before the end of the work contract, as Article 116 of the Federal Labor Law stipulates that
Article (116):
Where a contract is revoked by the worker for reasons other than those specified 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.
Article (116):
Where a contract is revoked by the worker for reasons other than those specified 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.
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Thank you for your quick response.
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We thank you for contacting us and we are always at your service
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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