إسأل Lawyer الآن
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
Lawyer
Good morning sir/madam This is Krupender Reddy...
Good morning sir/madam
This is Krupender Reddy Chenreddy From Sherikhath Alain,I am working as an Quality Incharge in Fujairah plastic company in Alain,Trick road industrial area,
I studied post graduate diploma in plastic processing and Testing ,
Yesterday my manager hitted with chair on my leg foot and told abusive language and finally told that don't enter my company once again meanwhile I requested to work atleast one month notice period time but he has not considered,
Now I don't have any option to enter the company and to attend my duty I can't confront his rude behaviour,
Disrespecting to others with his rude behaviour and Characterized by demeaning remarks with offensive comments I upset with his behaviour sir I am unable to survive at present kindly suggest and help me sir
إطرح سؤالك
إجابة الخبير: Abd Alhameed Kieshar
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
We would like to inform you that you should go to the competent labor department in the Ministry of Human and Emiratisation, complain against the employer and the labor office shall handle the complaint
The Ministry of Human Resources and Emiratisation announced that the complaint procedures. The worker can do these procedures through one of the facilitation offices, as follows:
1. First, the worker submits a complaint, receives a reference number, followed by a text message to him and the other party stating the content of the complaint, they try to reach to both parties of settling their issue amicably within 48 hours, or officially register it in the ministry. However, if the parties continue with each other and the complaint is dropped within 48 hours. The complainant can then apply to the facilitation centre to cancel his / her complaint without having to complete any procedures in the ministry.
2. Second, the complaint is referred to the ministry, if the first 48 hours of registration are passed without amicable resolve between the worker and the employer, it is referred directly to the ministry's system in the "Tawasol Section" box. The complainant then receives a new text message stating that the complaint is officially registered in the ministry's system. The ministry staff member will call you within three working days.
3. Thirdly, the ministry contacts the worker and the employer through a telephone, an employee from the ministry shall try to resolve the dispute amicably. If no resolve is made, both parties shall set a date for seeing the legal counsellor. A txt message shall be sent to you thereof.
4. Fourth, complaint parties shall refer to the labor office to meet with the legal counsellor, who shall define each party's legal position, concluding with either settling or dropping the complaint, or setting a new date for settlement or referral to court.
In case the parties reach an agreement in the presence of the legal counsellor, it shall be done through a settlement report signed by both parties of the complaint, and then it is saved in the system, under "annexes" term.
If an amicable settlement can not be reached, the complaint shall be referred to court, through creating a record containing the statements of both parties, their claims. Then, they shall be referred to see the labor judge in the labor office.
The Federal Labor Law stipulates the following:
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.
Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.
Article 139
A worker shall forfeit entitlement to his entire severance pay in any of the following two cases:
1. If he is dismissed from service for any of the reasons specified in Article 120 hereof or if he abandons his employment in order to avoid being dismissed in accordance with that Article.
2. If he abandons his employment of his own accord, otherwise than in either of the two cases specified in Article 121 hereof, without notice (in the case of indefinite term contracts) or before completing five years of continuous service (in case of definite term contracts).
إسأل Lawyer
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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