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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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My company (Freezone) made me redundant and wanted...

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My company (Freezone) made me redundant and wanted to pay my 1month notice period based on the reduced salary. They've calculated my gratuity on full however i feel that they're trying to screw me on my notice period. Reason foe my redundancy as per their claim was due to department reorganisation. Please can u let me know what is the correct notice pay and period that i should have. Thanks

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please be kindly informed that according to the data provided to us in your inquiry first and with reference to the Federal Labor Law applicable to all emirates of the country, including the Freezone Free Zone, the remuneration must be calculated according to the wage specified in the work contract and not according to the reduced salary, since the contract is Sharia law to the contracting parties as for the notice period It is calculated according to the wage agreed upon in the work contract, and in the event of a violation, a complaint can be submitted to the Labor Office for the jurisdiction in labor disputes We would like to inform you that according to the UAE Labor Law in regard to termination and notice period, the below articles state:
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 years.
Article (118):
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article (119):
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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