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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Lawyer

I complained against my company because they were...

تم تقييم هذه الإجابة:
I complained against my company because they were not giving me work and reserved me for 4 months. I was waiting for them from last 4 months still they were not sure that when they can give me work because they were not sure when there restaurant will start. They gave me 19 nov 2022 joining date and till Feb didn't get work they were asking me to wait . I asked them that I cannot wait more than that please give me full salary or work I'll wait. because last 4 months I didn't get anything. Then my manager said we can give you only 50% salary from Feb . And we are still not sure when we'll start our restaurant. I asked for my rights then my manager asked me to give resign blocked me from Whatsapp. Then my branch manager messaged me she also asked for resign then I said why should I give resign I have been waiting for last 4months to work not to resign. Give me work and full salary from now I'll do.then she said because of your way of conversation you're terminated. Then I went to tahseel and complained about them . I told them everything. Then they checked all the information of restaurant and my employment. On governmental site my restaurant was showing that they are giving me salary from November 2022. I told them I didn't get any salary from them . Then I asked them that I want My salary and cancellation. After this complaint my manager called me and asked me to come to meet us and do settlement. I went there they were pressuring me to take case back . I said I'll take me case back but I'll give that 3000 advance back for survival and you'll pay me penalty which is on my employment visa because of you guys have proceed for my work visa and give me cancellation. And I'll also not ask for money from your side.they agreed. Next day labour officer called me asked my final decision I said just asked them to cancel my visa I don't want anything I just want to work . Then my restaurant gave 6th march for cancellation. I went there signed approval cancelation paper on 6th march . restaurant manager said after this you'll get final cancellation paper from immigration. I said okay. After that I asked my manager so many times did you cancel my visa. She said from our it's cancel but from immigration it is taking time we don't know you can go to immigration and ask them. Then I went to immigration 20 march 2023 they said my visa is still active not even in progress and 2500dhiram penalty. Immigration asked me to go to the tahseel and complain against them. Then I went to the same tahseel where I complained earlier. They also said visa is still active. Then I asked them I signed that approval cancelation they said that paper is not valid if they've not submitted till now . Then they you want to reopen your case I said yes now I want my 4 months salary and cancellation. because of them I was not able to get any job. I already lost my 4months because of them.i reopened my complained. After complaining restaurant pro called and said we already submitted your paper then why did you do complained. I told him miss Pamela branch manager said go asked to immigration I asked them they said your visa is still active . If you submitted then why it was showing active? He said okay forgot all the things I submit your paper again I said I don't know anything now. Then next morning labour officer called me and said labour court cancelled your visa. still you want to case and salary I said yes. I asked labour officer when they submitted that paper he said I don't know. I told him that on 20th march there no paper submitted my visa was still active. He said just tell me you want to take this matter in case or not I said yes. I survived 4 months because of them and still surviving. Now you please tell me what to do? They can use that approval cancelation paper against me in the court? And I already got some confirmation from ministry of human resources Emiratisation and some 14 days for submit those paper in court. Please guide me according

إطرح سؤالك

الرد من العميل

Please guide me sir. Everybody is saying different different things. I'm confused I don't know what to do.

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

We would like to inform you that regarding your sponsor's abuse of you, he:
You must have evidence of what you claim in terms of documents proving your claim so that you can file a complaint with the Ministry of Human Resources and Emiratisation against the employer that he has breached his obligation with you and you wish to terminate the employment contract and transfer your sponsorship to another sponsor or terminate the employment contract permanently according to your decision that will be taken to terminate it The work relationship between you and the employer or your sponsor, and your labor complaint will be referred to the labor court to verify the validity of your complaint and then decide on it.
The UAE Labor Law stipulates that:
Article 45
Cases of workers leaving work without notice
The worker may leave work without notice while retaining his rights upon termination of service in any of the following cases:
The employer’s breach of his obligations towards the worker stipulated in the contract or in this Decree-Law or the decisions issued in implementation thereof, provided that the worker has informed the Ministry fourteen (14) working days prior to the date of leaving work, and without the employer removing the effects resulting from this Violation despite being notified by the Ministry of that.
It is proven that the employer or his legal representative assaulted the worker or that he was subjected to violence or harassment during work, provided that he notifies the concerned authorities and the Ministry within five working days from the date he was able to report.
If there is a grave danger in the workplace that threatens the safety or health of the worker, provided that the employer has known of its existence, and has not taken measures to indicate its removal. The work agreed upon under the work contract, without the worker’s written consent, except in cases of necessity in accordance with the provisions of Article 12 of this Decree-Law.

إسأل Attorney

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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