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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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Hi, my name is Alex and the Owner of the Company...
Hi, my name is Alex and the Owner of the Company where I am working for put me in the Memorandum of Association of another Company and in the Trade License of the other Company without my approval. I resigned and I want to file a case that I lost my job and I was put in that Company trade license without my written or verbal consent; I found out by coincidence
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
It is not possible to terminate an employment contract unlawfully on the part of the employer, and if the employer ends the work contract whose contract is still ongoing, you can do the following procedures:
- Submit a complaint to the Ministry of Human Resources and Emiratisation to obtain compensation for the unlawful termination of the work contract, which is a compensation of no more than three months' salary.
- Request for end of service reward.
- Request to obtain a flight ticket value.
- You can also, within thirty days from the date of canceling the visa, apply for a new visa if you have an employment contract or leave the circuit during that period.
You can also file a complaint with the Public Prosecution that includes forging your signatures on the company’s contract and commercial license, and if the employer is convicted, you can file a civil lawsuit requesting compensation for the crime of forging your signature.
Here is the text of the new UAE Labor Law related to your inquiry
(Article 47)
Wrongful termination of worker's service
Termination of the worker’s service by the employer is unlawful, if the termination of the worker’s service is due to his advancement
By filing a serious complaint with the Ministry or filing a lawsuit against the employer, whose validity has been proven.
The employer is obligated to pay a fair compensation to the worker estimated by the competent court, if it is proven that the dismissal is unlawful
In accordance with Clause (1) of this Article, the amount of compensation is determined taking into account the type of work and the amount of damage sustained.
The worker and the length of his service, provided that in all cases the amount of compensation does not exceed the wages of the worker for a period of (3) three
Months are calculated according to his last wages.
The provisions of Clause (2) of this Article do not prejudice the right of the worker to the warning allowance and the end-of-service gratuity due to him.
In accordance with the provisions of this Decree-Law.
- Submit a complaint to the Ministry of Human Resources and Emiratisation to obtain compensation for the unlawful termination of the work contract, which is a compensation of no more than three months' salary.
- Request for end of service reward.
- Request to obtain a flight ticket value.
- You can also, within thirty days from the date of canceling the visa, apply for a new visa if you have an employment contract or leave the circuit during that period.
You can also file a complaint with the Public Prosecution that includes forging your signatures on the company’s contract and commercial license, and if the employer is convicted, you can file a civil lawsuit requesting compensation for the crime of forging your signature.
Here is the text of the new UAE Labor Law related to your inquiry
(Article 47)
Wrongful termination of worker's service
Termination of the worker’s service by the employer is unlawful, if the termination of the worker’s service is due to his advancement
By filing a serious complaint with the Ministry or filing a lawsuit against the employer, whose validity has been proven.
The employer is obligated to pay a fair compensation to the worker estimated by the competent court, if it is proven that the dismissal is unlawful
In accordance with Clause (1) of this Article, the amount of compensation is determined taking into account the type of work and the amount of damage sustained.
The worker and the length of his service, provided that in all cases the amount of compensation does not exceed the wages of the worker for a period of (3) three
Months are calculated according to his last wages.
The provisions of Clause (2) of this Article do not prejudice the right of the worker to the warning allowance and the end-of-service gratuity due to him.
In accordance with the provisions of this Decree-Law.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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