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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Im a servant ..working for almost 8.years in my...

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Im a servant ..working for almost 8.years in my employer ..can i have graduity for my 8.years service ..thanks ..have a nice day

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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 Referring to the UAE Labor Law regarding the termination of work and visa cancellation, First for the purpose of canceling the visa, the work must be terminated in accordance with the law and provided for in accordance with the following legal texts:
Article (22)
1. The employment contract shall terminate in one of the following cases:
a. Unless it is renewed in accordance with the provisions of this law and its executive regulations and ministerial decisions issued in this regard.
B. The death of the worker or his incapacity during and after the work, and the disability shall be determined and determined by a report from a competent medical committee. The employer shall bear the costs of returning the body of the deceased worker or the incapacitated worker to his country
C. The employer may die, and the contract may continue until the end of its term with the approval of the Ministry.
D. Conviction of the worker in a felony or sentenced to a penalty restricting freedom in a felony or misdemeanor.
e. Agreement of the parties to terminate the contract.
f. The worker shall be sixty years old, and the Minister shall determine the cases in which the service may be extended beyond this age.
G. Exhaustion of sick leave, or lack of fitness for work.
H. Disruption of work without an acceptable excuse during the contractual year for ten consecutive days or fifteen consecutive days.
I. A breach by one of the parties to the contract of the obligations established by law or agreement has been proved, in which case the provisions of article 23 of this Act shall be applied.
2. The employer shall perform all the financial employee's dues within ten days from the date of
Article (23)
1. Either party to the contract of employment may dissolve it by unilateral will if the other party breaches its obligations under Articles 15 and 16 of this Law.
2. The employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and because the worker does not return to the worker, the employer will be obliged to provide a ticket for the return of the worker to his country in addition to payment of compensation equal to the comprehensive wage for one month and any other entitlements to the worker in the employer's custody, Other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the period of experience bear the expenses of returning home, in addition to payment of compensation to the employer equivalent to comprehensive pay for one month and any other entitlements to the employer in respect of the worker and any other compensation may be ruled by the court.
4. In all cases of termination of the employment relationship, the Ministry shall have the power to grant the worker a new work permit or not to grant it in accordance with the rules determined in this regard, and taking into account the provisions in force in the State.
***As for the cancellation of the visa, who has the right to cancel the visa is the sponsor only the employer without the worker can cancel the visa, so in case of desire to terminate the work must be settled with the sponsor and the sponsor's arbitrary cancellation can be addressed to the Ministry of Labor for the purpose of cancellation by this authority
We would like to inform you that according to the UAE Domestic Law about gratuity:
Article (26)
1. A worker who has completed one or more years of continuous service shall be entitled to end of service indemnity at the end of his service and shall not enter the days of absence from work without pay in calculating the period of service. The remuneration shall be calculated on the basis of fourteen days' wages for the year, Service at the end of the contract, and the bonus account shall be renewed by renewing the contract.
2. The worker shall be entitled to a reward for the fractions of the last year by the percentage of his work, provided that he has completed one year of continuous service.
Article (27)
The worker is deprived of the end of service benefit if the employment contract ends the unlawful interruption of work, or if the contract is terminated by the worker without a legitimate reason.
Article (28)
1. Any worker detained in reserve shall be suspended for the duration of his detention.
2. If the criminal proceedings are filed on the basis of a communication from the employer, and the investigation ends in the custody or a final judgment has been issued on the acquittal of the worker, the total wage for the period of imprisonment has been paid.
3. If the criminal proceedings are filed on the basis of a communication other than the employer, and the worker is convicted, he shall not pay what has been suspended from his comprehensive wage, but if the investigation is maintained or acquitted, the amount shall be paid.

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
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