إسأل Attorney الآن
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Kindly, could you clarify your question in details so we could help you better with pleasure.
الرد من العميل
Thank you!I have two notice period mentioned in two different documents. DMCC contract both in Arabic and English shows 1 monthsThe contact in English language only signed between the HQ who transferred me to Dubai and the DMCc entity shows 3 months ans mentions that in case of any conflict the contract to consider is the one issued by the HQ in france.Which one should I consider please if I want to resign ?
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that The subject of your inquiry is related to two things, except that they leave you to work and claim your labor rights:
First: Leave work:
In this regard we must distinguish between two things:
1) If your contract of employment is fixed in such a case, if you wish to leave the work, the employer shall be compensated with the equivalent of half a month's wage for each remaining month of the contract period.
2) If the employment contract is not specified in this case, it is necessary to give the employer an ultimatum that you want to leave work 30 days or you will be forced to compensate the employer for a month's wages, but the law gives you the right to terminate the contract without warning if the employer violates his obligations stipulated in the contract or the law or if the employer or his representative signs an assault on the worker.
Article 117
1 - The employer and the worker may terminate the employment contract with undetermined term for valid grounds at any time subsequent to the conclusion of the contract, and such after notifying the other party thereof in writing at least thirty days prior to the termination thereof.
2 - With regards to day workers, the notice period shall be as follows:
a - One week should the worker have worked for a period of six months at least and one year at most.
b - Two weeks should the worker have worked for a period of one year at least.
c - One month should the worker have worked for a period of five years at least.
Second: Claiming your labor rights:
The worker has two ways to settle labor disputes:
1) Complaint to the nearest employer against the employer
2) or file a lawsuit and the fees are free and are considered promptly by the judiciary and if the termination of your services because you take any of this measure is the termination of your service arbitrary chapter and deserve the full rights of workers.
Article (5):
shall be exempt from the fees of the jurisdiction proceedings and the claims filed by the workers based on the provisions of this law. In the event of a judgment of inadmissibility or refusal, the Court may adjudicate all or some of its expenses to its addressee.
Article (122):
dismissal of the worker by the employer is arbitrary if the reason for the termination is not related to the work, and in particular the termination is considered arbitrary if the termination of the worker's service due to a serious complaint to the competent authorities or filing a case against the employer and it is proved that it is true
Article 118
The contract shall remain valid for the notice period referred to in the preceding Article, and shall be terminated with the expiry thereof. The worker shall be entitled to his complete wage for such period on the basis of the last paid wage. He must perform his job during said period should the employer so requires.
It shall not be permissible to agree on the exemption for the notice provision, or on the reduction of the period thereof. However, the agreement on the extension of such period shall be permissible.
Article 119
Should the employer or worker fail to notify the other party of the termination of the contract, or should such party reduce the notice period, the notifying party shall pay to the other party a compensation know as compensation in lieu of notice, even if such failure to notice or such reduction of the period does not cause damage to the other party. Such compensation shall be equal to the wage of the worker with regards to the entire notice period or the reduced part thereof. The compensation in lieu of notice shall be calculated on the basis of the last wage paid to the worker for the monthly, weekly, daily or hourly - paid workers, and on the basis of the average daily wage set forth in Article 57 hereof with regards to the payment per piece.
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
الرد من العميل
Can you pls answer to my question ?
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Kindly, could you clarify your question in details so we could help you better with pleasure.
الرد من العميل
have signed a contract with my current company back in 2010. This contract is a French contract between the HQ in france were I was working and me. It is considered as a “transfer where my work contract in france Is on hold during the time I service overseas ) The transfer is between the HQ and their office in DMCC Dubai. When I looked at the contract in English that I have signed with the HQ, it shows a notice period Of 3 months and that in case of conflict the legislation applicable to rule, would be the one in france. In All the DMCC contacts I have signed over the past 12 years both English and Arabic it shows a notice period of 1 month only. I am of course going to complete the notice Period but I want to know is it is a 1 month as per DMCC contract in English and Arabic or 3 months as per the contract between me and the company. Which notice period should I consider I can of resignation please?
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
You can review the answer by clicking on the link below:
notice period
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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