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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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Hello, am a maid but my boss has not yet paid me...

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Hello, am a maid but my boss has not yet paid me my salary for now 7 months yet he has finished canceling my visa and booked me a flight for tomorrow morning, due to the critical condition my mother is in, I have worked for 1 year and 7 months

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If your inquiry relates to the right of the domestic worker at the end of the employment contract, the following information are important:
The UAE Domestic Workers Law No. 10 of 2017 has set the rights of domestic workers as follows:
- The right of the worker to get an annual leave of thirty days and if the employment contract expires without the worker receiving that leave, he is entitled to receive a cash allowance equal to the duration of that leave.
The right of the worker who has completed one year to receive the end of service gratuity, which is calculated as a wage of 14 days for each year, and the worker shall be deprived of the end of service gratuity in both cases:
First:
Termination of employment contract due to interruption of work.
second:
Termination of employment contract by the worker for an unlawful reason.
If the employer refuses, you can file a complaint with the Ministry of Human Resources and Emiratisation, or work a legal agency in favor of a person in order to open a complaint against the employer.
Here are the textsof the UAE Domestic Workers Law, concerning your inquiry:
Article 13:
1. The worker shall be entitled to an annual leave of thirty days for each year, which shall be paid before it is performed. If the period of service is less than one year and more than six months, he shall be entitled to two days leave for each month. The employer may determine the date of commencement of the annual leave, and may, if necessary, divide it into two periods at most. A leave allowance for his working days equal to his basic wage. In all cases, the worker may not be employed during his annual leave more than once during two consecutive years.
2. The period of annual leave granted to the worker shall be included in the statutory holidays, an agreement or any other periods due to sickness if it interferes with such leave.
3. Subject to the provisions of Article (7) of this Law, a worker may, in case of renewal of the employment contract, collect the leave due to him for more than two years and collect them.
4.Every two years, the employer shall bear the value of the worker's ticket to and from his country of origin, or the cash allowance equal to the leave payable to the worker for two years, in addition to the value of the ticket, if the worker wishes to continue working and not to take leave.
5.If the employment contract expires or is terminated from one of the parties without the worker having received his annual leave, the worker shall be entitled to a cash allowance equal to his wage for the number of days of leave due to him. For the employer, in this case, the wage is calculated in its category at the time of dismissal.
Article (26)
1. A worker who has completed one year or more in continuous service shall be entitled to the end of service gratuity at the end of his service. The days of uninterrupted work shall not be included in the calculation of the period of service. When the contract expires, the bonus account is renewed by renewing the contract.
2. The worker shall be entitled to a reward for the fractions of the last year in proportion to what he spent in the work provided that he has completed one year of continuous service.
Therefore, you can go to the Ministry of Labor and complain and explain the detail and claim all your labor rights.
Article (27)
A worker shall be deprived of end of service indemnity if the employment contract terminates for unlawful interruption of employment, or if the contract is terminated by the worker for no legitimate reason.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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