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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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Sir i am sandeep singh i am working here in...

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Sir i am sandeep singh i am working here in abudhabi i want go back my country my 4 year contract finish

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If you are talking about your wish to resign and end the work contract soon, then see the following cases:
First case: If the work contract is a fixed term one. You cannot resign if the contract is fixed term unless the contract ends, and if you resign before its deadline, the employer have the right to raise a case for banning you, in addition to making you pay Compensation of a salary of a month and a half. Also, the employee shall afford the airfare tickets, in addition to lose his / her right in the gratuity
Second case,: If the contract is unfixed term. 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. 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 compensation shall be a month and a half salary and the airfare tickets. 
It is probable that the employee loses the gratuity or reduces it in these cases:
First Case: 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.
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.
Second Case: If the employee terminates the fixed term contract, then he / she has no right for gratuity, unless his / her duty years were more than five years.
Finally, we advise you to negotiate with the employer to obtain NOC on the end of the contract, so that they do not file any cases against you nor deprive you from your rights
UAE labor law states 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 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.
Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance
pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.
Article 138
Where a worker under a definite term contract abandons his employment at his own initiative before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds five years.
Article 139
A worker shall forfeit entitlement to his entire severance pay in any of the following two cases:
1. If he is dismissed from service for any of the reasons specified in Article 120
hereof or if he abandons his employment in order to avoid being dismissed in accordance with that Article.
2. If he abandons his employment of his own accord, otherwise than in either of the two cases specified in Article 121 hereof, without notice (in the case of indefinite term contracts) or before completing five years of continuous service (in case of definite term contracts).
 

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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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