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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Which process do I take to cancel a contract with...

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Which process do I take to cancel a contract with a company after a probation period?

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إجابة الخبير: Moath Samer

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that termination of the employment contract during the probationary period is the right of the employer and not of the worker, and if the worker leaves the work before the expiry of the contract period, he shall be liable to compensate the employer for the loss he suffered as a result of the termination of the contract, provided that the amount of compensation shall not exceed half a month's wage for three months or the remaining period of the contract, whichever is shorter. And all that unless there is a provision in the contract to provide otherwise

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

With great respect to you, first of all, the contract is the law of the contracting parties. Therefore, if the contract is signed, it is binding on its parties. Therefore, the law includes the rights of vacations if they are due to the worker, in addition to the wages as stipulated in the law. Therefore, if you wish to terminate the work, you must follow the legal principles as stipulated in the Labor Law Federal in the following legal articles
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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

In the event of any violation by the employer, he can file a complaint with the labor office and explain the matter in detail for legal treatment, but in the event that the work contract is for a fixed term and if you are in a probationary period and the work has been terminated, the employer can file an absconding report against you, which will result in a ban Therefore, the best way to deal with an absconding report is to communicate with the employer and settle with him, knowing that terminating the work during the probationary period is an absolute right of the employer. He can only request the termination of work, but this right does not give him a violation of the provisions of the employment contract. It is possible to review the work office before the author of the complaint and prove its content. that justify the termination of the work by you, as the law stipulates Article 
(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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

It is not permissible for the employer to seize this original passport, but if the passport is held by the sponsoring entity, it can be claimed. The passport is confiscated with any government department affiliated with the Ministry of Interior, with the presence of a legal justification for the seizure, otherwise it is considered a legal violation. This is in contrast to employers in the private sector who are prohibited from seizing the passports of their workers

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

It is better to file the complaint and prove it first, and prove the violation, and then leave the work so that you are not legally prosecuted by the employer, and as it was explained to you in the previous answers to you. We are always happy for you to contact us in the legal department

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The matter depends on the existence of a complaint submitted to the labor office, explaining the details, as it is the competent authority to end labor disputes, and it can also claim any labor rights for it.

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, according to the law, and regarding the request for termination of the contract, it is in the event that the employer violates any of the terms of the employment contract, as the contract is binding on both parties, as stipulated, and therefore if this case is achieved, the work can be left without any responsibility on you after submitting the complaint and proving it before the labor office for Article (121) ) which stipulated that a worker may leave work without notice 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.
***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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

 Dear, any agreement with the employer in violation of the Labor Law is null and void and was stated in the work contract and signed, and in light of our previous answer to you, it is better to file a complaint before the Labor Office and explain the matter in detail for the purposes of legal treatment according to the law

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, the law is clear that leaving work in a limited employment contract without the consent of the employer entails a ban and a request for compensation by the employer. You can refer to the text of Article (121) of the Federal Labor Law in the previous answer
** 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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We are always happy to contact you in the legal department

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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