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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

I am General physicians working currently in...

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I am General physicians working currently in sharjah under a clinic with a two years of limited contract. I have completed 1year & now due to some of my personal problems i want to resign from the job. According to my labour contract there is 1month notice period which i already have submitted to my employer 10days back but now my employer is not cooperating with me regarding my resignation. Now what can i do & how much i have to compensate as i am resigning before ending my contract & what also can i do if my boss won’t help to cancel my contract after finishing my notice 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 if you want to leave your work, you shall distinguish between two things:

1) If your employment contract is definite and you want to leave work before the end of its term, in this case, if you wish to leave work, the employer shall be compensated equivalent to a half-month wage for each month remaining of the contract term provided that the amount of compensation does not exceed the wage of 3 months.

2) If the employment contract is indefinite, you shall give a notice to the employer that you want to leave the work before 30 days or before the period specified by the contract or you will be forced to compensate the employer for a wage of months, but the law gave you the right to terminate the contract without notice if the employer did not fulfill his obligations stipulated in the contract or the law or if the employer or his representative attack the worker.

Article (116):

Where a contract is revoked by the worker for reasons other than those specified 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.

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 year.

 

الرد من العميل

My basic salary is 5000 & including other allowance my salary is total 10000 & my contract is definite & for 2years. On today i have just completed 1year of my contract. So i want to leave now so how much total compensation i have to give to my employer??

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If the contract is terminated by the worker for reasons other than those stipulated in Article (121), the worker is obligated to compensate the employer for any loss he may have suffered as a result of the termination of the contract, provided that the amount of compensation does not exceed half a month’s wages for a period of three months or the remaining period of the contract, whichever is shorter, and all of that unless there is a provision in the contract to the contrary.
Article 121
A worker may leave work without notice in one of the following two cases:
a- If the employer breaches his / her obligations towards the worker stipulated in the contract or the law.
b- If the employer or his / her legal representative assaults the worker
 

الرد من العميل

so according to your explanation as my salary is 10000 & i am resigning due to my self reason so i have to give compensation money 15000 which is also half a month wages of 3 months, am i right??

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Yes, it is true, and we advise you to go to the labor office to accurately calculate the value of the compensation

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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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