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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
hi my name is Dominic, I have a enquiry, I am...
hi my name is Dominic, I have a enquiry, I am working 5 years in jebel ali free zone, the contract 3 years, now my 2nd visa 2years completed, if i cancel now i need to pay the visa fees or no need to pay? please replay me, because they telling if you cancel now you have pay the visa fee and insurance something.... confused. please advise me. I am waiting for your reply.
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Please be kindly informed that according to the Federal Labor Law applicable in all Emirates of the country, including the visa area, if you wish to terminate the work contract here, you must take into account that if the work contract is for a fixed term, the employer can ask you for all visa costs, insurance, compensation and impose a circular on you according to the text of the article ( 116) If the worker's contract is terminated for reasons other than those stipulated in Article (121), the worker is obligated to compensate the employer for the loss he has suffered as a result of the termination of the contract.
Provided that the amount of compensation does not exceed half a month's wages for a period of three months or the remaining period of the contract, whichever is shorter, and that is all unless there is a provision in the contract stipulating otherwise. Thus, in the event of a request from you and a desire to end the work, you are obligated to pay all the costs related to the visa and thus the sponsor can impose the ban on you and thus you will be forced to leave the country
** But if the work contract is for an indefinite period, the work can be terminated after giving the employer an agreed notice to leave the job without being asked for any costs mentioned, then transferring the sponsorship and changing the employer and in this regard the law stipulates in the legal articles on Article 117
1. Both the employer and the worker may terminate an unlimited-term work contract for a legitimate reason at any time. There is 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 the worker neglects to warn the other party to terminate the contract or if the notice period is shortened, the person obligated to the warning must 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 shall be 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.
Provided that the amount of compensation does not exceed half a month's wages for a period of three months or the remaining period of the contract, whichever is shorter, and that is all unless there is a provision in the contract stipulating otherwise. Thus, in the event of a request from you and a desire to end the work, you are obligated to pay all the costs related to the visa and thus the sponsor can impose the ban on you and thus you will be forced to leave the country
** But if the work contract is for an indefinite period, the work can be terminated after giving the employer an agreed notice to leave the job without being asked for any costs mentioned, then transferring the sponsorship and changing the employer and in this regard the law stipulates in the legal articles on Article 117
1. Both the employer and the worker may terminate an unlimited-term work contract for a legitimate reason at any time. There is 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 the worker neglects to warn the other party to terminate the contract or if the notice period is shortened, the person obligated to the warning must 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 shall be 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.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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