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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

hello sir my company tarmenat me without notice my...

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hello sir my company tarmenat me without notice my regine expired on 14 October how can u help me

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plz reply

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that an indefinite employment contract is a contract that can be terminated if the employer or the worker wishes to terminate it at any time, but it is necessary to take account into the minimum period of notice, which shall not be Less than thirty days, during which the worker shall continue to work during that period.
However, if there is no legal reason for termination of the indefinite employment contract, the party that finishes shall pay compensation
to the other employer.
You can also request compensation for unfair dismissal, which is compensation that does not exceed a maximum of three months' salary
In addition to your right to complain to the Ministry of Human Resources and Emiratisation against the employer
Here is the text of the UAE Labor Law relating to your inquiry:
Article 116
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to damage compensate the employer for any 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.
Article 117
1 - The employer and the worker may terminate the employment contract with undetermined term for valid grounds at any time subsequent to the conclusion of the contract, and such after notifying the other party thereof in writing at least thirty days prior to the termination thereof.
2 - With regards to day workers, the notice period shall be as follows:
a - One week should the worker have worked for a period of six months at least and one year at most.
b - Two weeks should the worker have worked for a period of one year at least.
c - One month should the worker have worked for a period of five years at least.
Article 118
The contract shall remain valid for the notice period referred to in the preceding Article, and shall be terminated with the expiry thereof. The worker shall be entitled to his complete wage for such period on the basis of the last paid wage. He must perform his job during said period should the employer so requires.
It shall not be permissible to agree on the exemption for the notice provision, or on the reduction of the period thereof. However, the agreement on the extension of such period shall be permissible.
Article 119
Should the employer or worker fail to notify the other party of the termination of the contract, or should such party reduce the notice period, the notifying party shall pay to the other party a compensation know as compensation in lieu of notice, even if such failure to notice or such reduction of the period does not cause damage to the other party. Such compensation shall be equal to the wage of the worker with regards to the entire notice period or the reduced part thereof. The compensation in lieu of notice shall be calculated on the basis of the last wage paid to the worker for the monthly, weekly, daily or hourly - paid workers, and on the basis of the average daily wage set forth in Article 57 hereof with regards to the payment per piece.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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