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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Actually i have working one company alrady 7months...

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Actually i have working one company alrady 7months running even my visa is employment visa so is there possible i have cancek

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that if the employer terminated the contract without reason then you have to note the below differences:

1.      If the contract is of a fixed term, in this case the employer must wait until the end of the contract and if he terminates before the end of the contract, he shall be obliged to compensate your sister for the remaining wages until the end of the contract, provided that the amount of compensation does not exceed three months' wage.

2.       If the contract is of unlimited duration, in this case the employer must give notice at least 30 days before the date of termination. If not, the dismissal shall be deemed arbitrary.

We advise you to file a complaint against your employer 

Moreover, you can check the below articles from the labor law:

Article 115

Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.

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 (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

Article (123):

1 - 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.

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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