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Moheb Hassan
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الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Hi Sir, Thanks for the reply. How to know whether...
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that The UAE Labor Law stipulates that labor contracts are divided into two parts:
First: Contract Duration:
Is a contract that has a start and end date and can't be terminated by any party before its end. If the worker terminates the fixed term contract before the end date without a legal reason, he must pay compensation to the employer not exceeding a maximum salary of one and a half months and If the employer terminates the fixed-term employment contract, compensation must be paid to the worker for a maximum period of three months
Second: The indefinite contract
A contract that has a date of beginning and end date, but any party may terminate it before the end of the date provided that the other party notified before the completion of a period of not less than thirty days and not more than ninety days and there must be a legitimate justification for the termination of this work contract is the text of the UAE Labor Law and we advise to negotiate with the employer in order to reduce the penalty requirement relating to resignation.
Finally, if a worker terminates a fixed-term or indefinite employment contract, it is possible for the employer to request a prohibition against the worker
Here is the text of the UAE Labor Law, concerning 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):
- 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.
- 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 123:
1 - Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2 - The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
الرد من العميل
Please send me Article 121 , What are the Reasons for resignation in article 121
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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