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استمرار العمل بعد انتهاء عقد العمل محدد المدة دون تجديده

لقد انتهي عقد عملي محدد المدة في 7 أبريل وما زلت أعمل وأحصل على راتبي، ومع ذلك، لم يخطرني صاحب العمل بعد بشأن تجديد العقد.

في حالة عدم تجديد عقد العمل، هل يحق لي الحصول على تعويض لعدم تلقي إشعار مسبق بعدم التجديد؟

Al Bahar & Associates Advocates and Legal Consultancy
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27 May 2020, 08:24

Dear questioner,

As per the UAE labor law, article 39, the employment contract shall be deemed of an undetermined term since the establishment thereof is made in writing and concluded for a determined term and the parties continue to apply it after the expiry thereof without a written agreement between them.

As per article 40, if the parties pursue the application of the contract after the expiry of the original period thereof or the end of the agreed job without an explicit agreement, the original contract shall be deemed implicitly extended under the same conditions mentioned therein with the exception of the term.

So your employer can terminate the contract, but he should notify you 30 days before termination.

27 May 2020, 09:24

Thanks, Mr. Mazen,

The limited contract has already expired, however, I'm still working without renewal. Am I working illegally and eligible to penalty?

In case they decided to terminate my job (under the current situation as the contract is expired), should they send me a notice earlier, and if not, am I eligible for compensation?

Thanks again!

27 May 2020, 09:45

Dear questioner,

You are not working in an illegal way as per UAE labor law. Your limited contract becomes an unlimited contract and deemed implicitly extended.

If your employer terminates your contract without reason and without notice, you are eligible for compensation.

Dr Amira Al Bastaki Advocates and Legal Consultants
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27 May 2020, 11:51

In the event that the restricted contract is not renewed, it is considered valid after the expiry with the same terms and changes to an unlimited contract. It is necessary to adhere to the terms of the previous contract if you want to leave work.

You can contact me via email for further assistance.

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