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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
I layed a complain before, about my employer...
I layed a complain before, about my employer deducting money from my salary for 2year and 8 months now, saying it's for visa, when I layed a complain on phone call he said its the money I borrowed from the company, but I never borrowed any money from his company, he has already deducted 8000draham from me, now I want to council he said it's remaing 1000 he will deduct, before he will council me, or he will do me wrong thing by dealing with me, so what should I do.
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
If your inquiry is related to the employer's refusal to pay the worker's salaries, here is the following information:
If the employer refuses to pay the worker’s salaries in addition to not obtaining an identity card for him, in that case the worker has the right
To file a complaint against the employer, provided that the complaint is submitted to the Ministry of Human Resources and Emiratisation.
The worker may request in the complaint a request to oblige the employer to pay salaries, and he may also request, a request to terminate the employment contract.
The worker also has the right to demand that the employer be obligated to refund any amounts paid by the worker related to residence fees or their renewal, as the employer is obligated to pay those fees.
The complaint will be examined and the appropriate decision issued.
Here is the text of the new UAE Labor Law, related to your inquiry:
Article 45:
Cases of worker leaving work without warning
The worker may leave work without notice while retaining his rights upon termination of service in any of the following cases:
The employer’s breach of his obligations towards the worker stipulated in the contract, this Decree-Law, or decisions
issued in implementation thereof, provided that the worker has notified the Ministry fourteen (14) working days before the date of leaving
The work, and without the employer removing the effects resulting from this breach despite being notified by the Ministry of that.
Evidence that the employer or his legal representative has assaulted the worker or subjected him to violence or harassment during work, provided that:
Notify the concerned authorities and the Ministry within (5) five working days from the date of his being able to report.
If there is a serious danger in the workplace that threatens the safety or health of the worker, provided that the employer has known
In its presence, and no measures were taken to indicate its removal, and the executive regulations for this Decree-Law shall be specified
Serious Hazard Controls.
Assigning the employer to the worker to perform work that is fundamentally different from the work agreed upon under a contract
Work without the employee’s written consent to do so, except in cases of necessity in accordance with the provisions of Article (12) of this
Decree-Law.
If the employer refuses to pay the worker’s salaries in addition to not obtaining an identity card for him, in that case the worker has the right
To file a complaint against the employer, provided that the complaint is submitted to the Ministry of Human Resources and Emiratisation.
The worker may request in the complaint a request to oblige the employer to pay salaries, and he may also request, a request to terminate the employment contract.
The worker also has the right to demand that the employer be obligated to refund any amounts paid by the worker related to residence fees or their renewal, as the employer is obligated to pay those fees.
The complaint will be examined and the appropriate decision issued.
Here is the text of the new UAE Labor Law, related to your inquiry:
Article 45:
Cases of worker leaving work without warning
The worker may leave work without notice while retaining his rights upon termination of service in any of the following cases:
The employer’s breach of his obligations towards the worker stipulated in the contract, this Decree-Law, or decisions
issued in implementation thereof, provided that the worker has notified the Ministry fourteen (14) working days before the date of leaving
The work, and without the employer removing the effects resulting from this breach despite being notified by the Ministry of that.
Evidence that the employer or his legal representative has assaulted the worker or subjected him to violence or harassment during work, provided that:
Notify the concerned authorities and the Ministry within (5) five working days from the date of his being able to report.
If there is a serious danger in the workplace that threatens the safety or health of the worker, provided that the employer has known
In its presence, and no measures were taken to indicate its removal, and the executive regulations for this Decree-Law shall be specified
Serious Hazard Controls.
Assigning the employer to the worker to perform work that is fundamentally different from the work agreed upon under a contract
Work without the employee’s written consent to do so, except in cases of necessity in accordance with the provisions of Article (12) of this
Decree-Law.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
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