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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Hi im in taxi compney andi have 10 mounths...
الرد من العميل
If i have Allready 10 mounths in a comney in uae so now i wana resion so how the law about
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that First, regarding the termination of the employment contract by the employer, we must distinguish between two things:
1) If the contract is of a fixed term, then the employer must wait until the end of the contract and if he terminates before the expiry of the contract period, he shall be obliged to compensate you for the remaining wage until the expiry of the contract, provided that the amount of compensation does not exceed three months' wage.
(2) If the contract is of unlimited duration, the employer shall give notice at least 30 days before the date of termination. If he does not do so, the dismissal shall be deemed arbitrary and shall be entitled to one month's wage allowance in addition to a court-ordered compensation not exceeding three months' wage.
Second: Regarding changing the booking date:
In order to cancel or change your appointment, you must prove that your dismissal is arbitrary by filing a complaint against your employer at the Labor Office through the following link:
After verifying your claim and making sure that the dismissal was unjustified, your employer will be obliged to stop your travel procedures and order your return to work and if he refuses, you can go to the Labor Court and sue him.
The following are the provisions of the Labor Relations Regulation Law relevant to your inquiry
Article (115):
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
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 year.
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.
Article 123:
1 - Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2 - The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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