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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.8%

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Hi, My employer has done a case on me for...

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Hi, My employer has done a case on me for breaching the contract by taking the clients with me to a different company. I have also done a case on him as he didn't pay me from 6 months and is not ready to cancel my visa. Should I take him to the court or settle with the minimum amount. He was also asking for 30000 to cancel my visa. Thank you

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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.6%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that

Please note that the applications of labour disputes must be made at the labour department concerned in MoHRE.

They will call the parties and take action it deems necessary to settle the dispute amicably.

If the settlement is not reached, and within two weeks from the date of receiving the request, forward the dispute to the labour court concerned.

The referred case must be accompanied with a summary of the dispute,

The competent court will fix a hearing for the claim and notify the two parties.

Or if you think that you have been arbitrary or unfairly dismissed, this situation takes place when an employer terminates an employee or forces him to resign without any justifiable reasons.

And according to Article 122 of the UAE Labour Law, arbitrary termination of an employee happens when an employee is fired for reasons not related to work performance, or when the employee files a valid complaint against an employer, which made the latter terminate him maliciously.

In article 120 of the UAE Labour lays out the reasons for which termination without notice is lawful.

If you believe that you have been dismissed illegally, you can complain to Ministry of Human Resources and Emiratisation, wich will try to solve the issue in an amicable way.

In case that an amicable settlement is not reached, then they will transfer the case to the respective court.

As per Article 123 of the UAE Labour Law, if arbitrary dismissal is proven, the court will order the employer to pay you a compensation. Still the amount of compensation must not exceed the wage for a period of three months, plus you can claim your gratuity, notice period dues or any other unpaid dues entitled from your employer.

In the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.8%

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