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Employee's request for compensation after termination during the probation period

Hello,

We had terminated an employee during his probation period due to non-performance. We did not give notice as per Article 120 clause 2. The employee requested us verbally to keep the visa till the time he finds a new job.

We kept his visa for the next 4 months when he finally requested us to cancel his visa (meanwhile the probation period also got over).

After his visa was canceled and everything was sorted out, he is asking us to pay his salary for these 4 months and compensation for arbitrary dismissal whereas he has no evidence that he worked for the company during these 4 months.

We want to know that if the employee has stopped working for the company, then is the company liable to pay for salaries?

Regards,

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Mohammed Bani Hashem Advocates & Legal Consultants
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20 Oct 2020, 06:46

Dear Sir,

Do you have any evidence to show that you have terminated him before 4 months and at least any WhatsApp messages to show his request for an extension for the cancellation of the visa?

Kindly contact us via phone or Whatsapp to have a discussion.

Thank You!

20 Oct 2020, 06:53

Dear Sir,

There is no written request for a visa extension. However, at the time of termination, we had sent an email to him concerning his last working day and the amount transferred to his account till the number of days he worked.

After that, there is no work-related communication between us until the date of visa cancellation.

Thank you!

Maha Bin Hendi Law Firm
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22 Oct 2020, 08:36

The date of the cancellation of the work permit is the ending date of employment.

However, the date of termination could be the ending date of employment if the company proves (by written confirmation or witnesses) that the termination date was actually the employee’s last working day.

22 Oct 2020, 08:54

We had given an email to him, which specifically mentions his last working day as 24th October 2019. Is that enough?

We have no other witnesses. Seeing this below, what is your opinion, and is there any way you can help?

"With effect from last working day, i.e. Thursday 24 Oct 2019 we have decided that we can not pay your salary each month unless some minimum sales conversions work out. Your salary till this date shall be transferred to your account ASAP. Please note commission will still be provided as internal staff as per our commission structure if you bring business".

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