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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

Hi can I ask I have two years contract I work as a...

تم تقييم هذه الإجابة:
Hi can I ask I have two years contract I work as a housemaid but I want to leave or break my contract after 1yr can I ask do I need to pay for my employer or agency

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إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

We would like to inform you that according to the Domestic Labor Law, the employer shall abide by the obligations stipulated in the contract of employment and its annexes, in addition to the following:
1. Provide the required work performance requirements
2. Creating a decent place to live the worker.
3. Provide the worker with meals and clothing suitable for the performance of the work as long as he works full-time and not the temporary operating system, unless otherwise agreed.
4. To bear the cost of medical treatment for the worker in accordance with the health system in force in the State
5. Treatment of the worker as a good treatment to preserve his dignity and integrity of his body.
6. The worker shall not be employed by third parties except in accordance with the conditions and conditions stipulated in the executive regulations of this law. And not to employ any worker unless he is licensed to work in accordance with the provisions of this law and its executive regulations.
7. Payment of the necessary compensation resulting from occupational injuries and occupational diseases in accordance with the compensation schedules attached to the Law on the Regulation of Labor Relations in force, unless the insurance company pays such compensation.
8. The worker shall not be employed in a profession that is different from the nature of his work, except in his consent and provided that he is one of the professions covered by this law.
9. Guaranteeing the worker's right to keep his / her own identity documents.
10. Grant the heirs of the deceased worker during the service the comprehensive wage for the month in which he died, and any other entitlements to the worker.
11. He shall not charge, by himself or by his intermediaries, any sums or any remuneration, unless provided for in this Law, by the Regulations or by the contract form approved by the Ministry.
12. To notify the Ministry of any breach of the worker by the provisions of the applicable legal regulations, and the employer shall comply with what the Ministry requires in these cases.
  • In case of breaching any of these obligations, the worker may terminate the contract according to article 22 of the same law which stipulates that:
  1. The employment contract shall terminate in one of the following cases:
    a. Unless it is renewed in accordance with the provisions of this law and its executive regulations and ministerial decisions issued in this regard.
    B. The death of the worker or his incapacity during and after the work, and the disability shall be determined and determined by a report from a competent medical committee. The employer shall bear the costs of returning the body of the deceased worker or the incapacitated worker to his country
    C. The employer may die, and the contract may continue until the end of its term with the approval of the Ministry.
    D. Conviction of the worker in a felony or sentenced to a penalty restricting freedom in a felony or misdemeanor.
    e. Agreement of the parties to terminate the contract.
    f. The worker shall be sixty years old, and the Minister shall determine the cases in which the service may be extended beyond this age.
    G. Exhaustion of sick leave, or lack of fitness for work.
    H. Disruption of work without an acceptable excuse during the contractual year for ten consecutive days or fifteen consecutive days.
    I. A breach by one of the parties to the contract of the obligations established by law or agreement has been proved, in which case the provisions of article 23 of this Act shall be applied.
    2. The employer shall perform all the financial employee's dues within ten days from the date of termination of the contract.

الرد من العميل

Thanks so can I file a complain because she not follows the contract?

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.

الرد من العميل

What I mean is I want to leave the job because I can't take there attitude and I work mostly 16 to 18hrs a day sometimes in my resting time they will call you even middle of the night then there's no private rooms for the maid so I want an advice where I can complain to terminate the contract and cancel my visa

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.

إسأل Lawyer

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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