إسأل Lawyer الآن

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

My boss made me to leave my country (Uganda) to...

تم تقييم هذه الإجابة:
My boss made me to leave my country (Uganda) to come to UAE to teach her son but after one month she told she nolonger wants me to teach her son but she has even refused to pay me for the month I have been here, and she has also refused to give me my passport to leave her house, what can I do

إطرح سؤالك

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that termination of an employment contract by the employer shall have conditions in accordance with the provisions of the Labor Law in accordance with the following:
First: The employment contracts that are definite, and which the law determined a specific reasons for their termination by the employer. In the absence of such reasons, the employer becomes obliged to compensate the worker for the damage caused as a result of the termination of the employment contract without prejudice to his right to pay end of service indemnity and flight tickets or any other benefits, These reasons are:
Assumes a false identity or nationality or submits forged certificates or documents.
2. Is engaged on probation and is dismissed during or at the end of the probationary period;
3. Commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labor department of the incident within 48 hours of his becoming aware of its occurrence;
4. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
5. Defaults on his basic duties under the contract and fails to redress such default Despite a written interrogation and a warning that he will be dismissed if such default is repeated;
6. Is finally convicted
7. Reveals any confidential information of his employer;
8. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
9. Assaults the employer, the manager in charge or any of his workmates during working hours; or
10. Absents himself from work without a valid reason for more than 20 no successive days in one single year, or for more than seven successive days.
Second: Employment contracts that are indefinite and which require for its termination by the employer to notify the worker 30 days before the termination. If the employer fails to do so, he shall compensate the worker for compensation called a warning allowance. If the warning absence or its duration reduction do not result in any damage, then, the compensation shall be equal to the wage of the worker for all or part of the warning period, without prejudice to the rights of the worker's other rights.
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 (119)
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
According to the announcement of the federal authorities in the UAE, whether general the administration of the residence and foreign affairs or the ministry of human resources and nationality , companies or businessmen shall not keep the passports of the workers as these passports belong to the country which issued it and no one can keep it but the owner. If any employer hold the passport, then the worker can file a complaint against the employer which will result in forcing the employer to return the passport to the worker, imposing a fine, and stop the services by the ministry of human resources and nationality.

إسأل Lawyer

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار