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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

assalamualicom, madam I'm employee of Emirates...

تم تقييم هذه الإجابة:
assalamualicom, madam I'm employee of Emirates transport since September 2014 and I was lift to my home countrie for annual leave on February 5/2020, just after one month implement lock down all over the world due to covid-19. After then I stuck in my home country for 6 months. When i came on 19 August 2020 the company was already replaced someone on my job. And my visa was already valid until 22/11/2020 then company told me for waiting to give me another job, and i already have my agreement with company until march 2021,

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الرد من العميل

Hello there and Sorry for miss understanding.Regards my above questions just want to ask that i was delay from my job due to Covid-19 and wasimplemented look down all over the world.Now my agreement standing untill march 2021 but the company didn't provide me a job and my is expired on 22/11/2020 even they're not ready to renew my visa. So can you please guidance me for the above mentioned issue.

الرد من العميل

thanks I'm waiting for your answer

الرد من العميل

Sir my visa expiration date is 22/11 and after then lift just 28 days, And then will start fine for each day to stay in UAE. the only question is that my agreement standing untill march 2021, So can i file that case against Emirates transport to get my full salaries until march 2021 including end of service benefit.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that our labor rights in the event of arbitrary dismissal are:

First: compensation for arbitrary dismissal:

The worker is entitled to compensation for arbitrary dismissal, and this compensation in limited-term contracts is the worker's wage for a period of three months or the remaining period of the contract, and compensation for the shorter period is taken according to the text of Article 115,

If the work contract is for an indefinite period and a warning has not been issued, the worker shall be entitled to compensation equivalent to a warning allowance and compensation awarded by the court. The worker's wage does not exceed 3 months according to Article 123 of the Law on Regulating Labor Relations

 

Second: End of Service Benefits:

The worker is entitled to end-of-service gratuity on the condition that the worker has completed a year with the employer so that he is entitled to 21 days ’wages for one year of the first five years of service, and what is more than that gets 30 days’ wage for each remaining year

 

Third: The wages payable

If the worker does not receive his due wages, the employer must pay it directly without delay

 

Fourth: Claiming labor rights:

A worker can claim his rights through one of the following methods:

 

(1) Submit a complaint to the Labor Office via the following link: Register a labor complaint

 

(2) A lawsuit is filed and its fees are free of charge and are promptly reviewed by the judiciary. Article (5) of the law stipulates that it shall be exempt from the fees of the jurisdiction proceedings and the claims filed by the workers based on the provisions of this law.  In the event of a judgment of inadmissibility or refusal, the Court may adjudicate all or some of its expenses to its addressee.

 

Following are the texts of the law regulating labor relations of the Union related to your inquiry

Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. unless the reason for termination is related to what is stipulated in Article (120).

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

الرد من العميل

Can i show my agreement papers here's for better guidance

الرد من العميل

الرد من العميل

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the signing date is September 8 2020.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

 Kindly, could you clarify your question in details so we could help you better with pleasure.

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الرد من العميل

الرد من العميل

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الرد من العميل

if you just read the article 2 and 5 as per my agreement with company... so my question is you read agreement that already sent you can i claim for my full until the date of end plus service end benefits

الرد من العميل

if you read the above agreement papers so please just answer me can i claim as per the UAE law of my complete salary until the end of agreement plus end of service benefit

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Yes, you have the right to claim all of your rights

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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