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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

Ho

تم تقييم هذه الإجابة:
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Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
Visa cancellation
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Passport and other documents hold by company

إطرح سؤالك

الرد من العميل

I already resigned from my job on 23 April 2019. And complete my handover. But thy are deliberately delaying my cancellation and holding my documents.

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Dear customer ,
Welcome, Thank you for joining us,
with all respect and appreciation to you,

I would like to clarify to you that 
usually in companies the sponsor or the deputy only can performs  the procedures of cancelling the visa or residence. The guaranteed cannot apply without the sponsor’s permit. However, if the sponsor rejects completing the application, then you can file a complaint at the ministry of labor to prove the expiration of the employment contract.  
The sponsor or his representative (for example, in case of companies) shall do the procedures for cancelling the residence visa. The sponsor can not proceed without permission and the sponsor signature.
If the company decides to cancel the work visa for the employee, it must first refer to the Ministry of Human Resources and Emiratisation and apply for cancellation of the work contract and the worker's ID card. This application must be signed by the employer and the employee, attached by a letter signed by the worker stating that he /she has received all of his / her salary, entitlements and end of service benefits from the company.
After completing the cancellation at the Ministry of Human Resources and Emiratisation, the sponsor can only apply for cancellation of the residence visa at the general directorate of residence and foreign affairs in the competent Emirate.
After cancellation, the sponsored person is granted a 30-day grace period either to leave the country or obtain another residence visa, and no fines will apply during the grace period.

According to the announcement of the federal authorities in the UAE, whether general the administration of the residence and foreign affairs or the ministry of human resources and nationality , companies or businessmen shall not keep the passports of the workers as these passports belong to the country which issued it and no one can keep it but the owner. If any employer hold the passport, then the worker can file a complaint against the employer which will result in forcing the employer to return the passport to the worker, imposing a fine, and stop the services by the ministry of human resources and nationality.

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الرد من العميل

I already make a complaint against them. But thy are saying that we need handover but I already handover. I have no evidence to handover. Legal reformer told me to go company for handover and pay compensation. Then I go there continues two days and complete handover but still thy are delaying. For passport and my academic certificate they hold. Were I need to go for complaint?

الرد من العميل

In my case I resign from job. I have limited contract.

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Dear Customer,
Welcome again!

If the employer keeps your papers and your passport in violation of the law and instructions, you can submit a complaint in accordance with what was mentioned above, where the labor law stipulates that:
Article 125
The Employer shall provide the worker, at the latter's request upon expiry of his contract, with an end of service certificate, which shall be free of charge and shall specify the service commencement and end dates, total period of service, the nature of the work he was performing, and his last wage and supplements, if any. The employer shall return any certificates, documents and tools belonging to the worker.

Accept our respect and appreciation.

 

إسأل Lawyer

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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