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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
I am working in lemozine connection comapny in...
I am working in lemozine connection comapny in dubai my mother is not well and I have to go to Pakistan for 15 days leave but company is not giving me passport I have also shown them the medical certificate of my mother as I have fine of 4000 dharam they are not letting me go what should I do
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
It should be noted that the UAE Labor Law allows the worker to obtain full annual leave, but remains to set the date of leave by his employer's knowledge and here are the texts of the law supporting this matter:
Article 75
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Article 76
The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods.
*** If you have proved the employer's arbitrariness of not to giving you annual leave without any legal justification, this is a violation of the labor law and the employment contract. You may then file a complaint at the labor court and explain the matter in detail. If it is proven that the employer's action is legally unjustified, you may terminate the work without giving the employer any notice with your retention and your claim to all your labor rights for all years of service, including leaves legally prescribed with permission to change the employer with the knowledge of the Labor Office and without the need of non-objection from the sponsor. Here is the text of Article (121):
1. The arbitrators shall submit to the judge their reasoned decision that shall include the extent to which each of the spouses offended the other.
2. The judge shall render his judgment in accordance with the decision reached by the arbitrators if they agreed, otherwise, he shall appoint others or join to them a third as the umpire. The court shall ask the arbitrator or the umpire to take an oath that he will perform his duties with equity and probity.
3. The judge shall amend the judgment of the arbitrators in contravention of the provisions of this law.
Article 75
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Article 76
The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods.
*** If you have proved the employer's arbitrariness of not to giving you annual leave without any legal justification, this is a violation of the labor law and the employment contract. You may then file a complaint at the labor court and explain the matter in detail. If it is proven that the employer's action is legally unjustified, you may terminate the work without giving the employer any notice with your retention and your claim to all your labor rights for all years of service, including leaves legally prescribed with permission to change the employer with the knowledge of the Labor Office and without the need of non-objection from the sponsor. Here is the text of Article (121):
1. The arbitrators shall submit to the judge their reasoned decision that shall include the extent to which each of the spouses offended the other.
2. The judge shall render his judgment in accordance with the decision reached by the arbitrators if they agreed, otherwise, he shall appoint others or join to them a third as the umpire. The court shall ask the arbitrator or the umpire to take an oath that he will perform his duties with equity and probity.
3. The judge shall amend the judgment of the arbitrators in contravention of the provisions of this law.
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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