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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I joined a hotel in Dubai Voco Hotel one month...

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I joined a hotel in Dubai Voco Hotel one month back as a receptionist, now I got another in another company with good salary and I need to resign , when i give my resignation they refused to accept it and they said I have to pay 5000 AED as I resigned before completing 2 years . they refused also to give me my passport and cancel my visa before paying the 5000 aed . Please advise what i should do and if they have any right to not to give passport and not to cancel visa note that i don't have money to pat the amount and also the other company will not for me long

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the UAE Residence Law, only the sponsor who can file absconding report and cancel it not the worker . the worker can cancel it if the report wasn’t true and the worker proves that as the Ministry of Labor can remove the report and impose fines against the employer. If the employer banned you then you can contact him and settle the situation and pay compensation as below article states:
Article (116)
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 wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
That is for cancelling the ban then cancel the visa and get new visa and transfer the sponsorship and get NOC.
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Kind Regards,

الرد من العميل

but my hotel is not under labor office , all 4 stars and above hotels are under immigration and as far as i know they can't put ban for resigning from my position My question was not regarding ban , my question do they the right to hold my passport and not to cancel my visa Thanks

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that the polish person can’t travel to UAE without visa, so he has to review the nearest embassy or consulate and apply for visa and attach the below:
1- Valid passport at least for 6 months
2- Book flights “go & return”
3- Pay the fees estimated by the Residence and Immigration Department.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
We would like to inform you that according to law, the employer doesn’t have the right to take your passport. If they took it then you can ask them to return it, if they refuse then you can file a complaint in the nearest police office and you can take copy of the complaint to the labor office to clarify the violation by the employer. As the law allows the governmental entities with legal reason otherwise it considered legal violation but the private companies are not allowed to take the passport
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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