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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I am working in UAE and my employer terminate me...

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I am working in UAE and my employer terminate me without notice and forcing me to leave the country as soon as possible. When i asked for grace period they said it's not allowed you have to leave.

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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 your inquiry relates to your employer terminating the employment contract without a reason from your end, here are the following information:
The UAE Labor Law does not give an employer the right to terminate an employment contract without a legal reason allows him to do so. If the employer terminates the definite contract without legal reason, the employer shall pay compensation to the worker not exceeding three months' salary.
The worker's entitlements shall be:
First: End of service indemnity:
- It shall be calculated at 21 days salary for each of the first five years, in addition to one month salary for each year exceeding that.
- It is calculated on the last basic salary after excluding all allowances.
- The end of service indemnity for the remaining months of the year (seven months) is also considered.
Second: Flight Tickets:
The employer shall bear the cost of the flight tickets if the worker will return to his country after the expiry of the employment contract
You can submit a complaint to the Ministry of Human Resources and Emiratisation to obtain your rights
Here are the texts of the UAE Labor Law related to your inquiry:
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, which ever is shorter, unless otherwise stipulated in the contract. That if there is no notice for you.
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.

الرد من العميل

I want to stay and apply for another job but the company said you have leave there will be no grace period.

الرد من العميل

After terminated for how long I can stay.?

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

within thirty days from the date of visa cancellation, the worker can either obtain a new work contract or leave the UAE to avoid paying a fine due to overstaying

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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