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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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What should i do if i forcingly sign a termination...

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What should i do if i forcingly sign a termination paper? With cause of stealing but not proving!and company ask cash back?

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

With reference to the Federal Labor Law regulating the nature of the contractual relationship between the worker and the workplace first, the worker is not forced to resign, and it is considered an arbitrary dismissal that requires the employer to pay compensation to the worker, as the law regulated the termination in the text of this article. The work contract was for an indefinite period. In this case, the party wishing to terminate the contract must notify the other party in writing as follows:
Article (117)
1. Both the employer and the worker may terminate an unlimited-term employment contract for a legitimate reason at any time. The contract has no right to conclude the contract after notifying the other party in writing at least thirty days before its expiry.
2. With regard to the day laborers, the warning shall be made within the following periods:
A- One week if the worker worked for a period of more than six months and less than a year.
B- Two weeks if the worker has worked for a period of not less than one year.
C_ One month if the worker has worked for a period of no less than five years.
Article (118)
The contract remains in place throughout the notice period referred to in the previous article and ends with its expiry, and the worker is entitled to his full wage for that period on the basis of the last wage he was receiving, and he must perform the work during it if the employer asks him to do so.
It is not permissible to agree to exempt from the warning condition or reduce its time limit, but it is permissible to agree to increase this period.
Article (119)
If the employer or worker neglects to warn the other party to terminate the contract or if the notice period is shortened, the person obligated to the warning shall pay the other party a compensation called (warning allowance) even if the omission of the warning or the lapse of its duration does not result in harm to the other party and the compensation is equal to the worker's wage for the time limit The whole warning or the missing part thereof.
The warning allowance is calculated on the basis of the last wage the worker used to receive for those who receive their wages for the month, week, day or hour, and on the basis of the average daily wage stipulated in Article 57 of this law for those who receive their wages by piece.
*** Especially since the matter is needed after the completion of the work to obtain a non-objection from the work authority in addition to canceling the visa with the knowledge of the sponsor or whomever he authorizes
This is a matter related to the dismissed from work according to the provision of Article (115) of the Federal Labor Law. If the work contract was of a fixed term and the employer canceled it for reasons other than those stipulated in Article (120) he is obligated to compensate the worker for the harm he suffered, provided that the amount of compensation does not exceed any In the event of the total wage owed for a period of three months or the remaining period of the contract, whichever is shorter, and all that is unless there is a provision in the contract stipulating otherwise. Unless the reason for termination is related to what is stipulated in Article (120)

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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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