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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
I have been working for this company for over a...
I have been working for this company for over a year and 7 months now they told me.that the company is closed and they want to cancel my visa , what can I do to demand my rights because I have no complaint from the company and I have been a good employee
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الرد من العميل
How can I fight peacefully for my rights ?
إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that if you mean to change the work and the visa, yes, it can be done, but according to specific controls.
First, the work must be completed according to the legal principles so that you wouldn’t subject to the ban because of escape report by the sponsor.
In addition to changing the work and visa, it requires obtaining a NOC from the sponsor.
As for the completion of the work for the purposes of changing the work and visa, it must be done in accordance with the provisions of the law.
Article (113):
The employment contract ends in any of the following cases:
1. If the two parties agree to terminate it, provided that the consent of the worker is in writing.
2. If the period specified in the contract expires unless it has been explicitly or implicitly extended in accordance with the provisions of this law.
3. Based on the will of one of the parties in contracts of indefinite duration, provided that they abide by the provisions of this law relating to warning and the acceptable reasons for terminating the contract without arbitrariness.
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
The law also provided legal protection for wages in the text of Article (56) which stipulated:
Article (56)
Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks. Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
Article 117
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one
year.
• One month: if the worker has been employed for not less than five
years.
Article 118
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article 119
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as
a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of
monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
Note that after resignation and accepting it that requires NOC and cancelling the visa by the sponsor or any other representative.
In accordance with the UAE Labor Law, if you resign in accordance with the legal rules and approved, the original is that you will be granted the end of service benefits immediately and up to a maximum of ten days from the end of work, in case of late payment of the remuneration, the complaint can be addressed before the Labor Office and explained in detail as being the competent authority in labor disputes and forcing the employer to pay all that is not related to canceling the visa to pay the rights in the sense that it is normal to receive the reward, either before or after cancellation, provided that no clearance with the employer before signing any rights
First, the work must be completed according to the legal principles so that you wouldn’t subject to the ban because of escape report by the sponsor.
In addition to changing the work and visa, it requires obtaining a NOC from the sponsor.
As for the completion of the work for the purposes of changing the work and visa, it must be done in accordance with the provisions of the law.
Article (113):
The employment contract ends in any of the following cases:
1. If the two parties agree to terminate it, provided that the consent of the worker is in writing.
2. If the period specified in the contract expires unless it has been explicitly or implicitly extended in accordance with the provisions of this law.
3. Based on the will of one of the parties in contracts of indefinite duration, provided that they abide by the provisions of this law relating to warning and the acceptable reasons for terminating the contract without arbitrariness.
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
The law also provided legal protection for wages in the text of Article (56) which stipulated:
Article (56)
Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks. Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
Article 117
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one
year.
• One month: if the worker has been employed for not less than five
years.
Article 118
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article 119
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as
a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of
monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
Note that after resignation and accepting it that requires NOC and cancelling the visa by the sponsor or any other representative.
In accordance with the UAE Labor Law, if you resign in accordance with the legal rules and approved, the original is that you will be granted the end of service benefits immediately and up to a maximum of ten days from the end of work, in case of late payment of the remuneration, the complaint can be addressed before the Labor Office and explained in detail as being the competent authority in labor disputes and forcing the employer to pay all that is not related to canceling the visa to pay the rights in the sense that it is normal to receive the reward, either before or after cancellation, provided that no clearance with the employer before signing any rights
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
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