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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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if my company licence expired not renewed can i...

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if my company licence expired not renewed can i give a resignation or camcellwd my employment visa?

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please be kindly informed that, according to the data provided to us in your inquiry, in the event that the company's license expires, it is not related to the matter, and therefore the person bound to a work contract can submit his resignation according to the legal principles as follows.
Article (113):
The employment contract ends in any of the following cases:
1. If the two parties agree to terminate it, provided that the consent of the worker is in writing.
2. If the period specified in the contract expires unless it has been explicitly or implicitly extended in accordance with the provisions of this law.
3. Based on the will of one of the parties in contracts of indefinite duration, provided that they abide by the provisions of this law relating to warning and the acceptable reasons for terminating the contract without arbitrariness.
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated 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.
*** Therefore it is best to settle amicably with him or wait for the work contract to expire, and if the contract is for an unlimited period, the termination must be according to the following:
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.

الرد من العميل

I can give my resignation before the expiry of my company license? Do i have to pay any amount incase i will resign?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Yes, if the work contract is of a fixed term and the contract has not been extended and the employer refuses to resign, the text of Article 116 of the Labor Law shall apply. Termination of the contract, provided that the amount of compensation does not exceed half a month's wages for a period of three months or the remaining period of the contract, whichever is shorter, and that is all unless there is a provision in the contract stipulating otherwise. Consequently, in the event of a request from you and a desire to end the work, you are obligated to pay all the costs related to the visa and thus the sponsor can impose the ban on you and thus you will be forced to leave the country
** But if the contract is for an indefinite period, you can resign, taking into account the notice period, and then leave work without requiring you to any sums of money as compensation for the employer

الرد من العميل

It is possible to transfer my visa? Im under kamika company due to nearly expired and no longer renewed does my employer transfer my visa into his other company like carwash visa? Same owner but different name of visa issue? Do i have the right to refuse into my employer wanted?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

In the event that the visa is transferred to the same sponsor, but in another employer he has, it is possible, but the approval of the worker is required, and therefore if the transfer is made for the visa without the consent of the worker here, you have the right to refuse and submit the complaint to the Ministry of Labor for legal treatment

الرد من العميل

Is he will give me ban or do i have to pay for my visa cost if i will give my resignation before the trade license will be expired means i refuse what my employer want to transfer my visa status as barista into carwash? Do i have the right to give my resignation as 1 month noticed even im on limited contract?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

If you mean the compensation required to be paid to the employer once the work is completed and before the term of the contract is completed here and according to the text of Article (116) of the Federal Labor Law, the article states:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated 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.
So if you want to terminate the contract then you will be forced to pay the visa expenses, then the sponsor will ban you and you will be forced to leave the country. It is preferable to settle amicably with the work and the consortium to pay a specific amount as compensation for this employer

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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