إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Which process do I take to cancel a contract with...
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that
In this regard we must distinguish between two things:
1) If your contract of employment is fixed in such a case, if you wish to leave the work, the employer shall be compensated with the equivalent of half a month's wage for each remaining month of the contract period.
2) If the employment contract is not specified in this case, it is necessary to give the employer an ultimatum that you want to leave work 30 days or you will be forced to compensate the employer for a month's wages, but the law gives you the right to terminate the contract without warning if the employer violates his obligations stipulated in the contract or the law or if the employer or his representative signs an assault on the worker.
Article 117
1 - The employer and the worker may terminate the employment contract with undetermined term for valid grounds at any time subsequent to the conclusion of the contract, and such after notifying the other party thereof in writing at least thirty days prior to the termination thereof.
2 - With regards to day workers, the notice period shall be as follows:
a - One week should the worker have worked for a period of six months at least and one year at most.
b - Two weeks should the worker have worked for a period of one year at least.
c - One month should the worker have worked for a period of five years at least.
Article (122):
dismissal of the worker by the employer is arbitrary if the reason for the termination is not related to the work, and in particular the termination is considered arbitrary if the termination of the worker's service due to a serious complaint to the competent authorities or filing a case against the employer and it is proved that it is true
Article 118
The contract shall remain valid for the notice period referred to in the preceding Article, and shall be terminated with the expiry thereof. The worker shall be entitled to his complete wage for such period on the basis of the last paid wage. He must perform his job during said period should the employer so requires.
It shall not be permissible to agree on the exemption for the notice provision, or on the reduction of the period thereof. However, the agreement on the extension of such period shall be permissible.
Article 119
Should the employer or worker fail to notify the other party of the termination of the contract, or should such party reduce the notice period, the notifying party shall pay to the other party a compensation know as compensation in lieu of notice, even if such failure to notice or such reduction of the period does not cause damage to the other party. Such compensation shall be equal to the wage of the worker with regards to the entire notice period or the reduced part thereof. The compensation in lieu of notice shall be calculated on the basis of the last wage paid to the worker for the monthly, weekly, daily or hourly - paid workers, and on the basis of the average daily wage set forth in Article 57 hereof with regards to the payment per piece.
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
الرد من العميل
I can't wait to thank you for your positive response to my question. How I signed a contract with this company which was limited having not allowed to read through but under pressure because I had no way out. Second of all I had not been briefed of the Dubai labour law. So after being briefed and receiving the signed contract, I came to know it was not in my favor neither did I receive explanatory notice or thereof. If possible give you an attachment my contract. Thank you in advanceMusa lubegalubega2018musa@gmail.com
الرد من العميل
If for any case Jawab platform has An attachment field I would not fail to share my contract for more study about this.
الرد من العميل
What is the meaning of a probation thenSecondly I came in by my self to seek for a job how come am limited to leave after am not satisfied with the company's working conditions?
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
But in this case, first I signed the contract before being given a chance to read the binding articles, I was not prevailed with a copy as a second party,my monthly wage is under declared, no annual leaves stated, no explanatory notes, no insurance cover, my monthly wage payments are deviating always. Truly emotionally am getting sick. What should do to cancel this limited contract as an employee. Nevertheless I signed it before being educated the thereof.Thanks in advance and happy for your service I can't fail to promote you.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Article (113):
The employment contract ends in any of the following cases:
1. If the two parties agree to terminate it, provided that the consent of the worker is in writing.
2. If the period specified in the contract expires unless it has been explicitly or implicitly extended in accordance with the provisions of this law.
3. Based on the will of one of the parties in contracts of indefinite duration, provided that they abide by the provisions of this law relating to warning and the acceptable reasons for terminating the contract without arbitrariness.
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.
So if you want to terminate the contract then you will be forced to pay the visa expenses, then the sponsor will ban you and you will be forced to leave the country.
It is best to settle friendly with him or wait until the work contract ends
الرد من العميل
Thanks for the resource and support. But what is the cause of the ban after financing my visit visa and monthly reductions for my residence visa and too full probation period with deviating wage payment and undeclared reductions.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
(121) which stipulates that a worker may leave work without warning in one of the following two cases:
a- If the employer breaches his obligations towards the worker in the articles stipulated in the contract or the law.
b- If the employer or his legal representative assaults the worker.
الرد من العميل
So basing on state's labour law violation, what procedures should I take to have my passport back and cancel this limited contract?
الرد من العميل
Truly thanks for your efforts and being resourceful.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
You are the best, when proceeding with the law, should I first forward in my resignation or complaints the the labour office?
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
I salute you, how is it judged for the employer to exploit the employee's ignorance about the State's law procedures and denial of information right.Thanks for your services always
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
Good Jawabkom, what is a distinction between resignation and cancelling a contract and how do I win cancelling a limited contract without ban imposed?Thank you in advance
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
a- If the employer breaches his obligations towards the worker in the articles stipulated in the contract or the law.
b- If the employer or his legal representative assaults the worker.
***With the worker retaining all his rights and the reward at the end of the service, the worker may be granted permission to change the employer without the need for no objection from the sponsor.
الرد من العميل
Deeply thank you for the positive reply.One the other hand what the employer has violated any article from the contract but I come to notice that I having signed the contract after the influence of exploiting my ignorance about law, all articles were in his favor e.g. underdecleared wage below the minimum wage and agreed wage pay, no insurance, annual leave or leave with pay e.g. sick leave. For that case, does it require to fist resign or direct complaint to labour?Am really great full for you servicesBig up Jawalkom.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
Thanks for your services.It has come to my notice that a limited contract cancellation before the the due date and after a probation period comes with a ban. How comes??Can I immune my self before court before forwarding in my cancellation request to my employer?
الرد من العميل
Is it in order to carbon copy a resignation letter to the ministry of labour since we were three parties involved?Thanks in advance
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
** As for the letter of resignation, they are in two copies, a copy to be delivered to the employer, and a copy for you to be annotated by receipt and signed by the date for proof.
الرد من العميل
Thanks Waleed Al-Helo @ jawabkom
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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