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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

I still want to work here in dubai.but i cant...

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I still want to work here in dubai.but i cant finish my contract to my employer now because of not giving me enough rest and just 1 off every month which is i still need to ask them if i can go out for an off or not.i want to have a new job by the end of my residency by this november 26 2020,but my employer wants to send me back to my country and dont want to talk about this anymore.

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إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

According to the mentioned facts, I would like to clarify to you that You can resign the work but you should distinguish between the two cases;
1-if the contract is fixed term then you cannot terminate the contract without the consent of the employer unless in the following cases:
-if the employer fails to commit his obligations towards the worker based on the provisions stipulated in the contract or the law.
-if the employer or his representative assault the worker.
2-if the contract is unfixed term then the worker may terminate or resign from work by notifying the employer 30 days prior to the termination  
However, if the worker leave or terminate the job without taking into account the first case or without the procedures in the second case, then the worker should compensate the employer, and the employer may ban the worker to work in the country due to breaching the obligations stipulated in the employment contract.
The law regulating the relations of the federal labor states as follows:

 Article (116)
If the contract is terminated by the worker for other reasons than mentioned in article (121) the worker should compensate the employer of the damage caused by terminating the contract. The compensation should not exceed half a month for each month of the remaining period of the contract, unless there is a provision in the contract stipulating otherwise.

 Article (117)
1-the employer and the worker may terminate unfixed term work contract for a legitimate reason at any time after conducting the contact and after notifying the other party in writing at least thirty days prior to its expiry.
2-as for the daily laborers the notification shall be at the following periods:
A- One week if the worker is employed for more than six months and less than one year.
B- Two weeks if the worker has worked for a period not less than one year.
C- One month if the worker is employed for a period not less than five years.

Article(118)
The contract shall remain valid during the notification period referred to in the preceded article and shall terminate on its expiry. The worker is entitled to his full wage for this period based on the last wage, and he should work during this period if the employer requires so.
The parties may not agree on the exemption of the notification condition or to reduce its period, however they may increase this period.

 Article (119
If the employer fails to notify the other party of terminating the contract or reduced the notification period, the party who bound to the notification shall pay a compensation, instead of the notification, even if it did not result in the damage for the other party. The compensation should be equal to the worker’s wage for all or part of the notification period. The compensation shall be calculated based on the last wage the worker is paid. As for workers who are paid monthly, weekly, daily or in hour is based on the average daily wage provided for in Article 75 of this law for those who earn their wages by piece or portion

 

الرد من العميل

I still want to work here but they want me to go back to philipines.i want to find new job opportunity,but they dont want to release me when my residency expires.do i have the right to stay here after they cancel my visa?

الرد من العميل

i still want to work here in dubai,try to find new job opportunity.but my employer is planning to buy me flight ticket back to my country.do i have the right to stay here if my visa cancel?

الرد من العميل

if they buy me plane ticket back to philipines and they cancel my visa,is it alright if i not ride my plane?can they file case against me?

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according to the UAE Residence of Foreigners:
Any foreigner whose visa or residence permit has been canceled or whose residency has expired upon the expiry of the period of the permit, visa or residence permit, and the renewal is not initiated within 30 days from the date of completion or has not left, the state, then a fine which not exceeding (100) AED shall, during this period, be imposed for every day of illegal residence in the State starting from the end date of the grace period.
And if you want tp leave the country if you overstay for 6 months, you have to pay.
In case of non-payment of the fine, the violator shall be punished by imprisonment for a period not exceeding
three months or by a fine not exceeding four thousand dirhams. The court may order his deportation.

إسأل Lawyer

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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