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مطالبة الموظف بالاستقالة للحصول على مستحقات أفضل

مساء الخير،

لقد عملت في شركة خاصة كبيرة منذ 17 عامًا. لقد قرروا هذا العام وضعي في خطة الاستغناء لتحسين الأداء ويخططون لفصلي من العمل بحلول نهاية نوفمبر 2022.

لقد نصحني موظف الموارد البشرية بالاستقالة وسيساعدني في زيادة فترة الإشعار حتى شهرين بأجر كامل. وفي هذه الأثناء، يمكنني البحث عن وظيفة أخرى.

كما وعدني بأنني سأحصل على مكافأة كاملة دون أي تخفيضات. ووفقا له، من صالحي أن أستقيل من أن أطرد من العمل بسبب عدم الأداء.

برجاء تقديم النصيحة

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Elnaggar & Partners
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27 Oct 2022, 11:29

Dear questioner,

Not true!

Resigning will cut your labor entitlements and will calculate most of your entitlements based on the basic salary.

Moreover, you deserve 3 months' notice, not one or two, since you are serving over 10 years in the company.

For more information and to protect your rights, please contact me via phone.

27 Oct 2022, 14:41

Thanks for answering me!

The gratuity is calculated as per basic salary anyway, as per UAE law. The company can give you 1 up to 3 months' notice depending on your understanding with them.

There are minimum and max; it is not necessary I will get 3 months' notice. That is what I read in the labor law.

28 Oct 2022, 05:41

Dear Questioner,

According to the law, it is one up to three months that's correct, however, the executive regulation of the law and the previous judgments regulate as stated above in my answer.

Additionally, I didn't mention any information regarding the gratuity as it is well known that it's calculated on the Basic.

But the unused leave that should be paid in full, any late or pending salary that also should be paid in full, notice compensation in full, flying ticket or equivalent, commission, etc.

Your service is long, it's not a couple of years and that's why it must be treated differently.

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Mohamed Bakheet Advocates & Legal Consultants
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27 Oct 2022, 14:43

Dear questioner,

This agreement must be written between you to protect your labor rights.

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Laila Hamza Al Mulla Advocates and Legal Consultants
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28 Oct 2022, 04:57

Don't resign and stay working if they terminate you they have to pay your full dues.

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Al Qari Advocates and Legal Consultants
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28 Oct 2022, 11:05

Good afternoon,

If you resigned or they terminated your employment agreement, in both conditions they must give you all of your labor rights.

Furthermore, there is no guarantee that if you resigned they should give you two months' notice period if it is not mentioned in your labor contract, otherwise, they have to put this in writing before submitting your resignation.

Kind regards

Ahmed Saad Harb

Senior Legal Consultant

Rashid Saif Advocates & Legal Consultancy
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31 Oct 2022, 09:20

Hello,

As per your query please note that if they terminate you, without any investigation, then you can claim compensation.

However, they are taking precautions on the PIP as the performance indicators which indicates that there you have signed the same and accepted.

As the company is giving you all benefits, it's better to discuss with us before taking any steps further.

31 Oct 2022, 09:20

Please call or email us.

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