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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Good morning sir and madam,i just want to ask...

تم تقييم هذه الإجابة:
Good morning sir and madam,i just want to ask about my previous company.my company alreay terminated me last week.and the issue of that last day i received an email its said that they gave me annual leave but i didn't file any leave to them.for u sir and madam is it legal??

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please be kindly informed that according to the data provided to us in your inquiry and with reference to the Federal Labor Law, it is clear that the employer did not take into account the legal principles in the termination of work. Thus, it is illegal to do what the employer did
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.
*** Therefore it is best to settle amicably with him or wait for the work contract to expire, and if the contract is for an unlimited period, the termination must be according to the following:
Article (117):
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one
year.
• One month: if the worker has been employed for not less than five
years.
Article 118
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article 119
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as
a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of
monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.

الرد من العميل

But sir they give termination paper last August 17.until now they not give to me my cancellation paper.and then they give me annual leave last day its written there is by jul 21 to aug 3.i didn't apply any leave to them.what u will advice to me about that.?thank you

الرد من العميل

And also i want to know that how can i calculate my service to them.how much i will get to them for my almost 3 years of my service..thanks in advance

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The matter is against the law by the employer as I mentioned to you, and a complaint can be submitted through the electronic labor office website HR and complainant

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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