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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hii am just work in a hotel and he is not giving...
Hii am just work in a hotel and he is not giving me my passport he just fired me in one day ....he told me you have to pay 4000 dhr ...but i dont resign ...
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Hiii what can i do he is not giving me my passport
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
According to UAE law, and if you are a resident and an expatriate in the UAE, and regarding the reservation of the passport first, it is not permissible for the employer to seize the passport with this original, but in the event that the passport is held by the sponsoring employer, it is possible to claim it and if it is rejected, then the complaint can be submitted to the nearest center Police, and you can submit a copy of the complaint before the Ministry of Labor, but the law permits that the passport be confiscated with any government department affiliated with the Ministry of Interior with the presence of the legal justification for the seizure, otherwise it is considered a legal violation and this is in contrast to employers in the private sector who are prohibited from seizing the passports of their workers
We would like to inform you that according to the UAE Labor Law, which regulates the nature of the contractual relationship between the worker and the employer, as for the termination of work, first, the law guarantees the right of termination of the worker but under the terms and conditions, including what the employment contract is, whether it is definite or indefinite.Thus the following legal articles clarified the matter as follows:
Article (113)
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
In this case, the employer can report an escape in case of refusal to resign, which results in the ban and deprivation and with it is not possible to cancel the ban, so it must be settled with the employer to avoid it
Article (117):
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one year.
One month: if the worker has been employed for not less than five years.
Article (118):
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
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.
As after the termination, you need to obtain a non objection certificate from the employer in addition to canceling the visa by the sponsor or his representative.
We would like to inform you that according to the UAE Labor Law, which regulates the nature of the contractual relationship between the worker and the employer, as for the termination of work, first, the law guarantees the right of termination of the worker but under the terms and conditions, including what the employment contract is, whether it is definite or indefinite.Thus the following legal articles clarified the matter as follows:
Article (113)
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
In this case, the employer can report an escape in case of refusal to resign, which results in the ban and deprivation and with it is not possible to cancel the ban, so it must be settled with the employer to avoid it
Article (117):
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one year.
One month: if the worker has been employed for not less than five years.
Article (118):
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
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.
As after the termination, you need to obtain a non objection certificate from the employer in addition to canceling the visa by the sponsor or his representative.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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