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دبي, الإمارات العربية المتحدة

Can I claim compensation from the employer if he terminates me with a shorter notice?

I moved from another country for a job almost 6 months ago. Based on the offer letter and employment contract I received and signed, I agreed to a 3-month probation and a 3-month notice period before coming to Dubai.

Upon arriving in Dubai, I was then given a MOL contract which I was told was standard 6 months probation. I was told at 3 months that I had passed my probation.

I have just come to my 6-month mark (just before my exact 6-month date) and have been told I did not pass my probation and have been given 14 days' notice.

Where do I stand?

The employer is not negotiating and is stating it is standing by the MOL agreement and not the employment contract.

The company has bounced between the 2 agreements in order to suit its own interests.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
17 Sep 2024, 07:26

Greetings.

Can you send the certified employment contract and job offer on WhatsApp so that we can provide you with the correct information?

You may be able to submit a forgery request in the employment contract if it is contrary to the offer you agreed to, especially if you did not sign the employment contract.

We are honored to provide you with legal support. For further inquiries about your topic, You can come to our office or contact us on WhatsApp.

17 Sep 2024, 07:28

I signed the employment contract and MOL contract.

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
17 Sep 2024, 08:43

Your employer claims adherence to the MOL agreement which states a six-month probation period, their prior acknowledgment of passing probation at three months complicates their position legally.

You may have grounds for contesting their decision based on inconsistencies between contracts and verbal confirmations made during your employment.

18 Sep 2024, 09:50

Thank you. For clarity, the MOL contract was actually signed upon starting the employment and the employment contract almost one month later. Would one overide the other? The employment contract is more favourable

18 Sep 2024, 10:26

The employment contract would override the MOL if it explicitly states so or contains more favorable terms for you as an employee.

متميز
بدر ليجال كونسولتانتس
دردشة
توظيف
اجتماع
17 Sep 2024, 08:47

The UAE Labour Law allows an employer to assess an employee's performance throughout the probation period, which can last up to six months.

During this time, the employer has the right to terminate the employee without prior notice, except for payment for days worked.

Safa Badr Legal Consultants

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
17 Sep 2024, 10:29

Hence the issue is a little bit complex, the court will consider both the contracts.

The employment contract in the beginning it was mentioned 3-month probation and in the MOL it states about 6-month probation.

Apart from that during this period, your company representatives have informed you about your completion of probation.

Now you may proceed with Mohre for filing a complaint against this company as there is a default on their part.

If you need further clarification kindly share your WhatsApp number.

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
17 Sep 2024, 10:31

If there is another contract besides the official one, and that contract is more favorable to the employee, it is the one that is considered valid.

17 Sep 2024, 11:50

So this gives me grounds to file with Mohre?

17 Sep 2024, 12:09

Yes, but the law does not require an employer to continue the contract with any employee they do not wish to keep.

It only gives the employee the right to seek compensation.

17 Sep 2024, 12:12

I am not interested in continuing the contract, just getting what I signed up for, which was the 3 month notice period pay.

17 Sep 2024, 12:12
Advise please.
17 Sep 2024, 12:12

Thank you.

17 Sep 2024, 12:13

You are entitled to the notice period pay.

17 Sep 2024, 12:29

Thank you.

What is the best way to file the complaint, please?

17 Sep 2024, 13:23

There's no better way; there's only one way: to file a complaint with the Ministry of Human Resources.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
17 Sep 2024, 13:29

Dear.

The contract with the most recent date is the one that is applicable because you signed it, which means you agree to the condition of the probationary period (6) months, and the old contract is considered canceled.

18 Sep 2024, 09:46

In my case now actually that i have checked the dates of signing, the MOL was signed upon starting and the employment contract was signed almost 1 month after signing. Is it the case that the employment contract is cancelling the MOL agreement?

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