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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hello, I would like to ask if by law or there is...

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Hello, I would like to ask if by law or there is rules and regulations required from the employer to contact me for refill a redundant position. My contract is unlimited and I served 3 years and 8 months. Received my termination recently. Also I want to know if I can claim a compensation for 3 month and anther compensation for the situation I have forced to be in because of poor communication from employer and no meeting or anything in advance and not even try to retain me although my support is required for the team and for the business need.

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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 in accordance with the UAE Labor Law, if you have been given a period of notice by the employer and the notice period has expired and the you have been terminated from your work, this is not considered an arbitrary dismissal and you have the right only to get the end of the service benefits without compensation for arbitrary dismissal. However, if you are notified of the duration of notice to terminate the work and it has been determined for a month without the obligation of the employer and the termination of the work had happened before the end of the notice period, then yes, it is considered an arbitrary dismissal and the employer shall pay compensation to you according to article 123 of the Labor Code,
Article 123:
Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
*** In this case, you may go to the Labor Office (Labor Dispute Settlement Committee) and submit the complaint and claim to oblige the employer to pay the amounts of the full benefit without detracting from them.
If you have another question, feel free to ask us and we will answer with pleasure.

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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