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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi Myself Yogesh I joined company in saif zone on...

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Hi Myself Yogesh I joined company in saif zone on 4 sept 2021 and now I want to resign from company so I have to pay any charges to my company? Like visa charges cancel charges tiket charges etc. Please guide me Regards, Yogesh +971 501703706

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the UAE Labor Law, it is not arbitrary dismissal as he granted you the notice period for termination.
As the UAE Labor Law states:
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. That if there is no notice for you.
Article 117
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one year.
• One month: if the worker has been employed for not less than five years.
Article 118
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article 119
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
For the visa cancellation to get new visa, only the sponsor who can cancel the visa, so the worker shall contact the employer to get NOC to be legal and to avoid any legal reason to ban you. if he refused without legal reason, then you can file a complaint in the labor office and get permit from the office to change the employer and apply for new visa. Moreover, the sponsor can't take your passport and shall pay all your dues once the contract finished, if not, then you have to file a complaint in the labor office to get all your labor rights and end of services as you have to get them after 10 days of the contract expiration, and file a complaint in the Dispute Committee, or the complaint will be referred to the court to force the employer to pay your rights.

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Thank you sir for your reply.I have not received Emirates ID card till date but I have already done the porcess of medical and fingerprint.So if I give the resignation now then my employer take charges from me for visa cancellation, ticket charges? My notice period in my offer letter is 60 days and I am ready to serve in my notice period. So please tell me how much charges I have bear to my employer because I have completed only 1.5 months here.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

In the event of resignation and termination of work, the one who bears the costs is the worker, not the employer.

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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