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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 79509 | نسبة الرضا 98.7%

Lawyer

Hello sir I hope you are well Actually I'm working...

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Hello sir I hope you are well Actually I'm working in Dubai Texi Corporation and my visa is from RTA and this is freezing company not labour related. I have to go Pakistan anyhow because I have some serious family issues in Pakistan but my company is not giving me my passport back because of company dues I have to pay them around 12k AED I go to police and they said call us outside your company we'll come and get your passport but the problem is they'll put absconding or maybe they'll make case against me for financial dept and maybe they put travel ban on me so is there any solution becouse im not able to pay them also i dont have any good source of income is there any way to go back to pakistan

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إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 79509 | نسبة الرضا 98.7%

 
Welcome, and thank you for trusting us
According to the given facts and for clarification purposes, we would like to explain to you,
Passport is a personal documents for its holder (Owner) and it is an ownership of the country that issued the passport. It is not allowed by law to confiscate the passport of the worker, unless in cases that the law stipulated on or by judicial rulings.
There are rulings stated by the ministry of interior which prevents the sponsor from holding the worker's passport except with a judicial rulings.
We advise to file an immediate case in front of the judge of urgent matters with a request of obligating the company to hand over the worker's passport. The company has no right to hold the passport because it is prevented by law and it is considered an arbitrary action.
Knowing that, according to the laws of the country, the passport is a document belongs to its holder and it is not allowed to dispossess it from him/her. This is what was assured by the regulations of discrimination which provides for " It is not a;;owed to hold the worker's passport and deprive him/her from travelling and moving whatever the relation is. Confiscating the passport is an action of preventing the person from travelling, which is controlled by the law's regulations.
Article 329 of the code of civil procedure, which stipulated on the cases in which it is allowed to prevent someone from travelling. Moreover, you have the right to claim your passport by a request to the judge who specializes in retracting the passports from employers, as the order of handing over the passport comes as obligatory
As for you coming by a work visa and your employer does not want to make you a residence and end your services before six months of the end of the contract, then the employer has the right to terminate the contract during the first six months of the work without giving a notice period. This is the period which is stated by the law (probation period), according to the article 37 of the federal labor law
 
 
 
 
 
 
 
 

إسأل Attorney

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 79509 | نسبة الرضا 98.7%

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