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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
Dear sir I was working in catering in UAE ,I...
Dear sir
I was working in catering in UAE ,I finished my 2 years contract and I m moving another company,
At the clearance this catering company refusing to give me money of ticket because I m moving another company. Is this company has right to refuse ticket money?
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that the one who is responsible for the ticket according to the UAE Labor Law forces the employer to pay for the ticket to the worker if the worker wants to return to his country after the end of the contract.
However, if the employer and the worker agreed to renew the contract,
Then the new contract terms will determine who shall pay for the
ticket.
In addition, the worker has no right to claim the value of airline tickets if the worker moves after the end of the work contract to another company
As below articles state;
Article 131
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service. Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
Article 131 (repeated 1)
1. For the purpose of the preceding Article, the worker's “repatriation expenses” refers to the value of his travel ticket as well as the travel expenses of his family and the cost of shipping of his personal effects, as stipulated in the Labour contract or the firm's policies.
2. A worker who is provided with accommodation by his employer shall vacate it within thirty days from the date of termination of his service.
3. The worker shall not overstay in the accommodation beyond the specified period for any reason, provided, however, that the employer pays the worker the following:
• the expenses specified in paragraph 1 of this Article.
• severance pay and any other entitlements the employee is bound to pay in accordance with the employment contract, the firm’s policies, or the law.
4. If the worker contests the amount of the expenses and entitlements referred to above, the Labor Department concerned shall urgently determine these expenses and entitlements within a week from notification, and shall promptly inform the worker accordingly.
5. In this case, the thirty-day grace period referred to in paragraph 2 of this article shall be calculated to run from the date on which the employer deposits the value of the expenses and entitlements, as determined by the Labour Departments concerned, with the Ministry of Labor's treasury. If the worker does not vacate the accommodation within the said thirty-day period, the Labor Department, with the assistance of the authorities concerned in the Emirate, shall take the necessary administrative measures for eviction.
6. The provisions of this Article shall not prejudice the worker’s competent to contest its application before the court.
However, if the employer and the worker agreed to renew the contract,
Then the new contract terms will determine who shall pay for the
ticket.
In addition, the worker has no right to claim the value of airline tickets if the worker moves after the end of the work contract to another company
As below articles state;
Article 131
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service. Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
Article 131 (repeated 1)
1. For the purpose of the preceding Article, the worker's “repatriation expenses” refers to the value of his travel ticket as well as the travel expenses of his family and the cost of shipping of his personal effects, as stipulated in the Labour contract or the firm's policies.
2. A worker who is provided with accommodation by his employer shall vacate it within thirty days from the date of termination of his service.
3. The worker shall not overstay in the accommodation beyond the specified period for any reason, provided, however, that the employer pays the worker the following:
• the expenses specified in paragraph 1 of this Article.
• severance pay and any other entitlements the employee is bound to pay in accordance with the employment contract, the firm’s policies, or the law.
4. If the worker contests the amount of the expenses and entitlements referred to above, the Labor Department concerned shall urgently determine these expenses and entitlements within a week from notification, and shall promptly inform the worker accordingly.
5. In this case, the thirty-day grace period referred to in paragraph 2 of this article shall be calculated to run from the date on which the employer deposits the value of the expenses and entitlements, as determined by the Labour Departments concerned, with the Ministry of Labor's treasury. If the worker does not vacate the accommodation within the said thirty-day period, the Labor Department, with the assistance of the authorities concerned in the Emirate, shall take the necessary administrative measures for eviction.
6. The provisions of this Article shall not prejudice the worker’s competent to contest its application before the court.
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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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