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What are my rights as an employee terminated without prior notice?

Hello,

I received a termination letter from my company three weeks ago stating that the reason for my termination was company restructuring.

This was done without prior notice, and my last working day is August 10th. I believe this falls under arbitrary termination. However, I do not want to file a case with the labor court and would like to discuss my compensation with HR directly.

I have been working here for 10 months (so I will not receive gratuity), and I have not used any of my annual leaves since September 2022 (the month I joined).

Could you please let me know what compensation I could demand from HR in this case?

Thank you!

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KHE Legal Consultancy
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31 Jul 2023, 10:20

Dear Questioner,

You can ask for the notice period salary as mentioned in your contract.

31 Jul 2023, 10:29

I am getting paid till my last working date (Aug 10th).

Can I demand an additional 1 month's salary plus encashment for the annual leave I have not used?

31 Jul 2023, 11:08

As you have not completed the one-year period, you cannot demand leave encashment.

Any extra demand on salary can only be made for illegal termination.

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Dar Al Haqooq Legal Consultancy
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31 Jul 2023, 10:43

Dear Client,

Thanks for your question!

I hope you are doing well. I will definitely assist you in this matter.

As per UAE labor law, if you have been employed for less than one year and are terminated without a valid reason, it can be considered an arbitrary termination.

In such cases, you are entitled to compensation, which includes three months' basic salary as per Article 115 of the UAE Labor Law. Additionally, you can request payment for any unused annual leave days.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards,

ABDUL WAHIED

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Alawi Aljaberi Advocates & Legal Consultants
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31 Jul 2023, 10:44

Dear Questioner,

Yes, you can claim your leave salaries and gratuity.

For further assistance, feel free to contact our Senior Legal Counsel Mohammad Abdullah Nosir via WhatsApp.

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Mohamed Bakheet Advocates & Legal Consultants
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31 Jul 2023, 14:45

Dear Questioner,

Contact the Ministry of Human Resources and Emiratisation.

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