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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
hello sir im christian, i want to resign to my...
hello sir im christian, i want to resign to my company and i have already a employment visa. My company told me that i need to pay the expenses for that and im not taking a medical already i want to early resigning is that right to pay that..
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if your inquiry is related to resignation from work, here is the following information:
If the employment contract is definite, and you want to resign, you may only do so with the consent of the employer. However, if the employment contract is indefinite, you may terminate the employment contract, provided you notify the employer at least a month before the termination, or as the employment contract stipulates.
If you terminate the employment contract illegally, the employer may file a complaint against the worker in order to obtain compensation of not more than a month and a half's salary in addition to the request for a ban against the worker.
Here are the texts of the UAE Labor Law related to your inquiry:
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 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
sir because i dont have a residence visa already and im not taking a medical is that ok if im resign in my company and pay the the expenses
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
If the employer does not obtain the worker's residency and health insurance card.
In that case, the worker can resign without paying compensation to the employer.
Because the employer cannot file a complaint against the worker, unless he is
The employer has an employment contract and the worker has resigned it under the employer's sponsorship
In that case, the worker can resign without paying compensation to the employer.
Because the employer cannot file a complaint against the worker, unless he is
The employer has an employment contract and the worker has resigned it under the employer's sponsorship
الرد من العميل
can i take my remaining salary to my company if im resign?
الرد من العميل
because my company did not give my salary bacause of the expenses for the employment visa but im not taking a medical test and no rsidence visa.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if you mean the employer, then you have to file a complaint in the Ministry of Human Resources and Emiratisation and clarify the reasons of the complaint and attach the documents that prove your complaint. The labor office will hear the employer, then they will decide and issue the verdict or refer it to the labor court.
you shall inquire through the Ministry of Human Resources and Emiratisation website:
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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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