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حقوق الموظف في حالة الإنهاء بسبب الزيادة عن حاجة العمل

أنا أعيش في دولة أستراليا وقد عملت مؤخرًا لدى شركة في إمارة دبي.

لقد أصبحت زائدًا عن حاجة العمل ولم يتم دفع جميع مستحقاتي المتعاقد عليها حيث أخبروني أن الشركة قد وضعت تحت الوصاية الإدارية.

لا أعتقد أن الشركة قد وضعت تحت الوصاية الإدارية وأعتقد أنهم لا يريدون سوى عدم دفع الأموال المستحقة.

ماذا يمكنني أن أفعل؟

شكرًا لك.

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Mohamed Bakheet Advocates & Legal Consultants
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1 Jul 2019, 13:19

Dear Questioner,

An employer can terminate the employment contract WITHOUT NOTICE nor enumerated under Art.120 of UAE labour law.

Termination under any other reason may be termed as arbitrary dismissal. Arbitrary or unfair dismissal takes place when an employer terminates an employee or forces him to resign without any justifiable reasons.

If an employee believes that he has been dismissed illegally, he can complain to the Ministry of Human Resources and Emiratisation.

The ministry will try to solve the issue amicably. If an amicable settlement is not reached, the case will be referred to the respective court.

As per Article 123 of the UAE Labour Law, if arbitrary dismissal is proven, the court will order the employer to pay compensation to the employee.

In all cases, the amount of compensation must not exceed the wage of the employee for a period of three months, calculated on the basis of the last wage the worker is entitled to.

If you need any further clarification, please feel free to contact us over email or by Whatsapp or call.

Regards.

1 Jul 2019, 21:26

Thank you.

I have all documentation to prove redundancy as the form of dismissal (arbitrary). I just need to force the payment of the final compensation due.

How would I do this?

They claim the company is being liquidated and is unable to pay, but I believe this is a lie.

Thank you.

2 Jul 2019, 05:34

You can complain to the Ministry of Human Resources and Emiratisation as soon as possible.

They will try to solve the issue amicably. If an amicable settlement is not reached, the case will be referred to the respective court.

If you need any further clarification or need any help, we are here to help you, please feel free to contact us via email.

Regards.

2 Jul 2019, 08:04

Thank you for your help.

I will look to get in touch for any further assistance.

2 Jul 2019, 08:50

Thank you.

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Bashar Al Masayba Advocates & Legal Consultants
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2 Jul 2019, 12:44

You are kindly requested to file a labour case against them, and authorize us as your attorneys to obtain your labour dues.

Al Nassar Advocates & Legal Consultants
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2 Jul 2019, 13:01

Dear Questioner,

Good evening.

Thanks for keeping in touch online.

If you can come to Dubai, you can make a labour claim for all your entitled benefits through Tassheel or Tawfuq.

If you make the claim and if the court investigates in the details of the company, it could be understood whether the company is put into administration or not.

I hope this answer gives an idea to you on how to move ahead.

Please feel free to contact me if you need any further clarification or guidance.

Regards,

Anitha Rajeev.

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