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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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My name is Takunda and I am a Zimbabwean working...

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My name is Takunda and I am a Zimbabwean working in Dubai as CCTV technician on a visitors visa as per company policy. I started working on the 22nd of December up to now. On this day I was told that I was going to be on trial and it was going to last for 1 week but I'm still there now. On 31 January I was paid 150AED for the 8 days that I worked something that I feel like so little .it therefore means that if I get 150AED per week then for one month I'm entitled to a salary of 600AED . I am still working there and the management never acknowledged that I'm still on probation period if if they said it was for one week. On the 21st of January the company called me to their office and presented me with a document to sign . I read it through and to my surprise I was a final warning letter for something that I never knew about .they mentioned that I was neglecting my duties intentionally and unintentionally . they claimed to have given me previous verbal warnings on the same claims but I have never received such. Now they claim that I am still on probation even though previously they noted out that I was going to be on probation for 1 week . I feel betrayed and played by this company .they are abusing my rights and they have wasted my time putting me on risk of working for more than a month incurring my travelling and food expenses on my own. Do I stand a chance of getting compensation from them .please help

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly excuse us for that. According to the UAE Labor Law the employer can terminate you as below articles states:

Article (37) The worker may be appointed under probation for a period not exceeding six months, and the employer may dispense with the services of the worker during this period without warning and without the end of service gratuity, and it is not permissible to appoint the worker under trial more than once He has one employer, and if the worker successfully passes the trial period and continues to work, that period of service period must be calculated.

Therefore, during this period, the employer may dispense with your services without giving notice or time limits and without having any rights except for the salary due to you from this side and from another side if the first six-month test period is not obligatory for the company this period is called a period Experience and what compels the company to pay is salary only

According to the UAE labor law that provided legal protection for wages:

Article (56)

 workers appointed with annual or monthly wages, their wages are paid at least once per month, and all other workers are paid their wages at least every two weeks.

So not to pay the wages in the dates specified by law, as well as paying the equivalent of the end of the service, is considered a legal complaint that requires him to submit the complaint before the work and the workers accompanying him with the bank statement to show that the salary has not been received and then demanding it through this authority.

Article 121:

a worker may leave work without warning in one of the following two cases:

A- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.

B - If the employer or his representative legally assaults the worker.

 

Moreover, the worker retaining all his rights and the end of service bonus, the worker may grant permission to change the work authority without the need for no objection from the sponsor, and it is also possible to submit an online complaint by entering this link below:

Electronic labor complaint 
We would like to inform you that according to the UAE Labor Law, the sponsor can force the worker to leave the country according to the below articles:
Article 131
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service. Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
Article 131 (repeated 1)
1. For the purpose of the preceding Article, the worker’s “repatriation expenses” refers to the value of his travel ticket as well as the travel expenses of his family and the cost of shipping of his personal effects, as stipulated in the Labour contract or the firm’s policies.
2. A worker who is provided with accommodation by his employer shall vacate it within thirty days from the date of termination of his service.
3. The worker shall not overstay in the accommodation beyond the specified period for any reason, provided, however, that the employer pays the worker the following:
• the expenses specified in paragraph 1 of this Article.
• severance pay and any other entitlements the employee is bound to pay in accordance with the employment contract, the firm’s policies, or the law.
4. if the worker contests the amount of the expenses and entitlements referred to above, the Labour Department concerned shall urgently determine these expenses and entitlements within a week from notification, and shall promptly inform the worker accordingly.
5. In this case, the thirty-day grace period referred to in paragraph 2 of this Article shall be calculated to run from the date on which the employer deposits the value of the expenses and entitlements, as determined by the Labour Departments concerned, with the Ministry of Labour’s treasury. If the worker does not vacate the accommodation within the said thirty-day period, the Labour Department, with the assistance of the authorities concerned in the Emirate, shall take the necessary administrative measures for eviction.
6. The provisions of this Article shall not prejudice the worker’s right to contest its application before the competent court.
Article 131 (repeated 2)
1. Employer shall submit to the competent labour department a bank guarantee whose type, value, submission procedures, firms and companies to whom it is applicable, and other relevant terms shall be specified in a Council of Ministers’ resolution. This guarantee shall be used to ensure optimum fulfillment of employer’s obligations provided for under Articles 131 and 131 (repeated), of this Law.
2. Deduction of any amount from the bank guarantee referred to in paragraph 1 hereof shall be based on a court judgment, with the exception of the following:
• Cost of a worker’s repatriation to his country of origin or the point agreed upon with the employer.
• The amounts that the employer admits before the competent labour court that they are due to the worker.
In these two cases, the Ministry reserves the right to deduct such entitlements from the guarantee referred to in paragraph 1 hereof and pay to the worker in fulfillment of his established dues.
Therefore, we advise you to settle with the employer and cancel the visa and get NOC to transfer the sponsorship and change the employer.

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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