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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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I am from bangladesh working 10 years with UAE...

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I am from bangladesh working 10 years with UAE company now I want to go others company it's possible

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that If your inquiry relates to moving to another company after the end of the current contract of employment, here are the following legal information:

The transfer order is linked to the employment contract as follows:

- If the employment contract is a fixed term and expires and you get all your financial dues and did not return to the employer after the end of the employment contract, you can transfer the sponsorship without paying any money to the employer.

 

- If the fixed-term contract of employment has expired and you continue to work without signing new contracts, the contract of employment may be transformed into an indefinite term contract that shall not expire unless the other party is notified at least thirty days before termination in order to avoid any payment to the employer.

 

- If the contract of employment is of a fixed duration and is still valid, the sponsorship can only be transferred with the consent of the current employer.

Here is the text of the UAE Labor Law regarding your inquiry:

 

Article 39

 

 An employment contract shall, from its inception, be considered as an indefinite term contract if and only if it:

 

  1. Is not written.

 

  1. Is concluded for an unspecified period.

 

  1. Was originally written and concluded for a definite term but both parties, without a written agreement between them, continued to perform it after its expiry; or

 

  1. Was originally concluded for the execution of a specific work that had no specific duration or that is recurrent by nature, but the contract continued after completion of that specific work.

 

Article (113)

 

An employment contract shall terminate in any of the following cases:

 

  1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;

 

  1. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;

 

  1. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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