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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I did not go to work for three days, because I...

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I did not go to work for three days, because I still did not have medical insurance for 5 months, and for 5 months they had not returned my passport to me. so i decided to quit my job and i gave a resignation letter to my employer. I looked at my status and I was absconded. can my employer abscond me even if I'm only absent for three days?

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the UAE Labor Law, if the company followed the legal procedures to notify you for the delay and late as below article states:
Article 102
The disciplinary measures that an employer or his representative may impose on the workers shall be as follows:
1. Warning.
2. Fine.
3. Suspension from work with reduced pay for a period not to exceed 10 days.
4. Denial or deferment of periodical allowance, in firms applying such a scheme.
5. Denial of promotion, in establishments applying a promotion scheme.
6. Dismissal without prejudice to severance pay.
7. Dismissal with denial of all or part of the severance pay. This penalty may not be imposed for reasons other than those exclusively specified in.
So, that is not considered arbitrary dismissal and you will not get 3 months compensation as the employer notified you more than one time as being late is considered legal violation:
Article (120):
An employer may dismiss a worker without notice if and only if the worker:
1. 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.
**Therefore, disciplinary measures must be taken and a salary deduction after a warning has been given for absenteeism. It is not permissible to dismissal, otherwise you have the right to file a complaint before the labor office.

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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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