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Moheb Hassan
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الأسئلة المجابة 63652 | نسبة الرضا 98.2%
I am working in Dubai,my contract breaking...
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
The UAE Labor Law provides specific ways to terminate an employment contract that vary according to the nature of the employment contract as follows:
First: If the employment contract is limited, you can not resign until the end of the employment contract, and if you resign before the end of the employment contract, the employer has the right to impose a ban against you in addition to paying a compensation not exceeding a month and a half salary. It he will also be committed to pay the value of airline tickets.
Second: If the employment contract is unlimited, the UAE Labor Law stipulates that the worker shall have the right to terminate the indefinite employment contract provided that he notifies the employer at least 30 days prior to termination or as provided in the employment contract. If the worker does not notify the employer at least thirty days before termination, he must pay compensation called compensation for the notice period. If the termination of the employment contract is unjustified, the worker shall also pay compensation to the employer not exceeding a maximum of one and a half months' salary in addition to the value of airline tickets.
Here is the text of the UAE Labor Law regarding your inquiry:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
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.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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