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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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Hi, my employer has filed a breach of fixed term...

تم تقييم هذه الإجابة:
Hi, my employer has filed a breach of fixed term contract conplaint with MOHRE, I would need some advice

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إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

According to the Labor Law, the worker could resign from work, provided that he has to notify the employer in writing, and commits himself to work during the period of warning agreed upon in the contract, provided that the period is not less than thirty days and not more than ninety days. A warning allowance, even if the failure to warn results in harm, and the compensation shall be equal to the remaining part
The UAE Labor Law states that:
Either party to the work contract may terminate the contract for any legitimate reason, provided that the other party is notified in writing, and the commitment to work within the period of warning agreed upon in the contract, provided that the period is not less than thirty days and not more than ninety days.
The work contract continues for the duration of the warning period referred to in this article, and ends with the expiry of the period, and the worker is entitled to his full wages for that period according to the last wage he was receiving, and he must work during that period if the employer asks him to do so, and it may be agreed to be exempted from the warning condition or Reducing his period while preserving all the rights of the worker for the warning period agreed upon in the work contract, and it is stipulated that the warning period be the same for both parties unless it is for the benefit of the worker.
The party who did not comply with the warning period shall pay to the other party a compensation called a warning allowance, even if the failure to warn results in harm to the other party, and the compensation shall be equal to the remaining part of it.
The warning allowance is calculated according to the last wage that the worker received to those who receive their wages by month, week, day or hour, and according to the average daily wage referred to in this Decree-Law for those who receive their wages by piece.
If the employment contract is terminated by the employer, the worker has the right to be absent during the warning period, one unpaid working day per week, in order to search for another job.

الرد من العميل

Thank you sirThe company promised me a salary of 2000 plus 500 AED for accommodation per month but the offer letter is made for AED 500 PER MONTH. They paid the money properly for the first 5 months and later started paying sometime 1000 sometime 1500, but never the complete amount. I told them that I cannot come to work if salary is not paid and took a leave on Monday after informing them, but they filed a case with MOHRE for breaking the fixed contract term. Please advice

الرد من العميل

It is not possible to pay for rent and food with AED500 per month, I am being evicted from my accommodation and I have no place to stay or eat food. How can I go to work without being paid the amount sir? I'm in a very troublesome situation and all I want is to go back to my home country. The visa provided by the company ends in October 2022. Without salary it's impossible to survive here as I have no family members or relatives. I would appreciate your humble advice in this matter.

الرد من العميل

They have paid only 500 dh from the last 5 months and nothing more than that.

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Please sir, explain your question clearly and in more details, so we can help to answer you legally.

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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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