إسأل Lawyer الآن

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

My visa expired since June 27, 2020. My company...

تم تقييم هذه الإجابة:
My visa expired since June 27, 2020. My company just cancel October 11,2020 because my old visa the restaurant closed and not exsised. They sign me cancellation so can transfer another restuarant now our company. They said my graduty will continues new visa. I started since 2004 .

إطرح سؤالك

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If your inquiry is about the cancellation of the visa, and the end of service benefits are transferred to the new company, find the following information:
The UAE Labor Law stipulates that the employer is obligated to pay the end of service benefits upon the end of the work contract. The end of service benefits are calculated at the basis of twenty-one days ’salary for each year of service from the first five years, and thirty days’s salary for each year in excess of that.
It is calculated on the last basic wage after excluding all allowances.
If the employer refuses to pay the benefits, you can file a complaint at the Ministry of Human Resources and Emiratisation
Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows:
1. 21 days' wage for each of the first five years of service.
2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or
allowances.
 

الرد من العميل

Our HR present my cancellation said my old visa is closed already. I need to sign cancellation. She said my graduty will continue in my new visa. So I sign the cancellation. After 2 weeks she call me to sign new contract. So is my graduty will continue this new contract.

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If the old company is not the new company, in that case, the end of service benefits must be obtained before start working for the new company with a new employment contract. You can refer to the Ministry of Human Resources and Emiratisation to file a complaint against the employer if they refuse to pay the end of service benefits 
 

إسأل Lawyer

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار