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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Hi sir I'm from Bangladesh i want change my jobe...
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
That if the worker wants to cancel the work contract and move to a new company
- If the contract of employment is of a limited duration, then six months must pass from this contract in addition to the employer's agreement to terminate the contract of employment and transfer of the guarantee.
- If the employment contract is for an indefinite period, then it must be six months since the start of the employment relationship with the addition the employer agrees to transfer the sponsorship, taking into account the notice period, which must not be less than one month and not more than three months.
This matter is in accordance with the text of the UAE Minister of Labor Resolution No. 766 for the year 2015, which is still in effect.
Also, you can file a complaint with the Ministry of Human Resources and Emiratisation against the employer because of his failure to pay a salary, and if you get a ruling from the Labor Court that you are entitled to receive a salary of at least two months, in that case you can apply to transfer the guarantee without the consent of the current sponsor.
الرد من العميل
I transfer for visa what is process my boss not give us money
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that the UAE Minister of Labor Resolution No. 766 of 2015, which is still in force, has granted the worker the right to request a transfer of sponsorship without the employer's consent if he obtained a ruling from the labor court of his right of a two-month salary. That is, you may file a complaint at the Ministry of Human Resources and Emiratisation against the employer if he refuses to pay your monthly salaries. We advise you to negotiate with the employer in order to obtain a written consent from him in order to transfer to another employer.
Here is the text of the UAE Labor Minister’s Resolution regarding your inquiry:
Article 1:
III- For all contracts:
term and non-term The instances described in I- and II- of this article notwithstanding, a worker may be granted a new work permit:
1- It is determined that the employer has failed to meet his legal or contractual obligations, including but not limited to when the employer fails to pay the worker’s wages for more than 60 days.
2- When a complaint is filed by the worker against a business entity that has not provided for the worker to perform work due to its shutting down, provided an Inspection report is produced that attests that the business entity has been inactive for more than two months and the worker has reported to the Ministry during this period.
3- When a labour complaint is referred by the Ministry to the labour court, provided a final ruling in favor of the worker is issued that attests that the worker is owed wages for no less than two months of work or indemnity for arbitrary or early termination, or any other rights that the employer has abstained from granting, or dues of end-of-service.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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