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Will wife have to pay fine?
A reader in Dubai asks: My wife works in Sharjah as a beautician. She is on a three-year visa contract, has completed a year-and-a half of her contract and now she does not want to work in that salon any more. She wants to go to India. Her employer has told her she has to give three months' notice and pay a Dh5,000 penalty, otherwise she must complete her contract. My wife has worked in that salon for four and a half years, but her employer has never given her a pay increment.
I would like to advise the questioner that his wife's labour contract is for a limited period which cannot be terminated before the lapse of its period, otherwise this will be considered a breach of the labour law. Article No. 116 states that: Where a contract is revoked by the worker for reasons other than those specified in Article (121) he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month's wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants.
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