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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Hi hello I want advice... I'm a domestic helper...

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Hi hello I want advice... I'm a domestic helper here on dubai... and my employer they deduct my salary to pay to them.. 6000 they deduct to me and thet want to I'll buy own ticket to go back my country they are forcing me to send me in the Philippines. I don't like go back in the Philippines... I ask to them they cancelled my visa.. but they are not agree to cancell my visa

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that if the work contract finished, then the worker deserves to get the end of services benefits which is 14 days wage per year of services, in addition to the flight ticket. Also, the worker is entitled to get compensation for the illegal termination of the work equal to a month wage.
If the employer violates this, the domestic worker can file a complaint with the Ministry of Human Resources and Emiratisation.
Also, the employer is not entitled to deduct any sums of money from the worker.
Below the article related with the Domestic Law in UAE:
Article (26)
1. A worker who has completed one or more years of continuous service shall be entitled to end of service indemnity at the end of his service and shall not enter the days of absence from work without pay in calculating the period of service. The remuneration shall be calculated on the basis of fourteen days' wages for the year, Service at the end of the contract, and the bonus account shall be renewed by renewing the contract.
2. The worker shall be entitled to a reward for the fractions of the last year by the percentage of his work, provided that he has completed one year of continuous service.
Article (23)
1. Either party to the contract of employment may dissolve it by unilateral will if the other party breaches its obligations under Articles 15 and 16 of this Law.
2. The employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and because the worker does not return to the worker, the employer will be obliged to provide a ticket for the return of the worker to his country in addition to payment of compensation equal to the comprehensive wage for one month and any other entitlements to the worker in the employer's custody, Other damages may be ajudicated by the Court.
3. If the termination of the contract by the worker and due to him after the period of experience bear the expenses of returning home, in addition to payment of compensation to the employer equivalent to the comprehensive salary for one month and any other entitlements to the Employer in respect of the worker and any other compensation may be ruled by the court.
4. In all cases of termination of the employment relationship, the Ministry shall have the power to grant the worker a new work permit or not to grant it in accordance with the rules determined in this regard, and taking into account the provisions in force in force the State.

الرد من العميل

Hi sir... I'm the one who break the contract and then they said I'll paid to them 6000k and I'll buy my own ticket... I'm willing to pay them 6000 and cancell they cancelled my visa.. they don't like it they force me to send on my country. Which I Don't like go back my country beacuse the virus sir can help me what I should to do

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

The UAE Domestic Workers Law stipulates:
 If the contract is canceled by the worker and due to a reason back to him after the probation period, the worker shall bear the expenses of his return to his country in addition to paying compensation to the employer equal to the comprehensive wage for one month and any other entitlements to the employer or any other compensations that the court may judge.
 Accordingly, the employer has the right to seek compensation from the worker if the worker terminates the employment contract .
 You may review the General Directorate of Residence in order to explain the reasons that led you to terminate the employment contract, so it may help you remove the ban. Although your legal status is somehow difficult, but you should try to review the General Directorate of Residence.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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