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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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Hi, my name is neil i work in uae for more than 5...

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Hi, my name is neil i work in uae for more than 5 years now. I just joined recently in a new company as an senior operation executive. But in visa since i dont have some docs. Its says filing clerk. Anyhow im on a limited visa and im on a probation period i join last sept 19 its my 2 months now under probation. I got another offer from another company in abudhabi ang higher salary. I resigned last 4th of this month but they treatened me that i will pay 45days plus they will imposed a ban. Is there a way out of my situation?

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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 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
 in case you compensate the employer, a ban will not be imposed on you, since the ban is imposed only in the following cases:

- Terminating his employment relationship with the employer illegally and violating the provisions of the Labor Law, such as omission of the warning period in non-fixed-term contracts, for example, or terminating the fixed-term contract

- committing an offense mentioned in Article 120 of the Labor Code

- The worker to work with others without a permit issued by the ministry

- The worker's stay in the state after the end of the labor relationship for any reason and for more than two months without any legal excuse

- Unskilled labor who did not complete the period of 6 months' work with his current employer has never worked in the country at all.

The employee can object to the work ban or remove it by submitting an application for grievance through the website of the Ministry of Human Resources and Settlement and its e-mail or a facilitation center and attach all the documents that confirm the lack of entitlement to that prohibition and the worker will receive a reference number in his request and there is a committee in the ministry headed by the agent and membership of inspection agents and assistants working in addition to some department managers who will study these requests and decide to lift or maintain the ban and then notify the worker of the decision of the Committee.

 

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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