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Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42483 | نسبة الرضا 98.7%
Lawyer
if company give not cancellation paper and i want...
if company give not cancellation paper and i want to change my visa then how can we get cancellation paper
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إجابة الخبير: Abd Alhameed Kieshar
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42483 | نسبة الرضا 98.7%
If the work contract is finished and the company didn't give you the cancellation paper, then you can file a complaint in the Labor Office and apply to be transferred to another employer as you can transfer by the Ministry of Labor according to the complaint if the employer refused to give you the cancellation paper.
According to the Labor Law states the below:
The Article (116)
If the contract is terminated by the worker for other reasons than mentioned in article (121) the worker should compensate the employer of the damage caused by terminating the contract. The compensation should not exceed half a month for each month of the remaining period of the contract, unless there is a provision in the contract stipulating otherwise.
Article (117)
1-the employer and the worker may terminate unfixed term work contract for a legitimate reason at any time after conducting the contact and after notifying the other party in writing at least thirty days prior to its expiry.
2-as for the daily laborers the notification shall be at the following periods:
A- One week if the worker is employed for more than six months and less than one year.
B- Two weeks if the worker has worked for a period not less than one year.
C- One month if the worker is employed for a period not less than five years.
Article(118)
The contract shall remain valid during the notification period referred to in the preceded article and shall terminate on its expiry. The worker is entitled to his full wage for this period based on the last wage, and he should work during this period if the employer requires so.
The parties may not agree on the exemption of the notification condition or to reduce its period, however they may increase this period.
Article (119)
If the employer fails to notify the other party of terminating the contract or reduced the notification period, the party who bound to the notification shall pay a compensation, instead of the notification, even if it did not result in the damage for the other party. The compensation should be equal to the worker’s wage for all or part of the notification period. The compensation shall be calculated based on the last wage the worker is paid. As for workers who are paid monthly, weekly, daily or in hour is based on the average daily wage provided for in Article 75 of this law for those who earn their wages by piece or portion
إسأل Lawyer
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42483 | نسبة الرضا 98.7%
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