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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I have been working with construction company for...

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I have been working with construction company for almost 2yrs now paying me 1000AED but i got another job in Arkan security company when submitted mi resignition letter to HRs office they told me that the labour law says if you want to resign you have to work for 45day free or else you pay cash for those 45days i agree to pay cash 1800AEDs but still they refused to give me my cancekation letter now am finishing 1 months they playing drama on me .

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الرد من العميل

What can i do to get my cancellation to rescure my new job in Arkan ? thank u

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

An indefinite contract may be terminated on condition that the notice period is taking into account, which is the period of which shall not be less than 30 days.
In that case, the worker shall be obligated to perform the work within the notice period, so that he does not pay compensation to the employer.
And if the employer refuses to give you the cancellation sheet, you can file a complaint with the Ministry of Human Resources and Emiratisation.
Here are the texts of the UAE Labor Law related to your inquiry:
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

My intention is not all about compersation or what ever but it was all about giving me cancellation as well we wait for compersation and settlements because i signed even settlement long time but the probm is about to reliese out cancellation What can i do to get it and save my new job

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

You can file a complaint with the Ministry of Human Resources and Emiratisation i
If the employer refuses to cancel the visa after the worker legally terminates the employment contract

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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