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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
My employer terminate me without giving me...
My employer terminate me without giving me termination letter and not cancelled my Visa yet. I got another job and need them to cancel visa so I can apply for new visa. How can I proceed it.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Company is in Tecom, Barsha Heights Dubai and I am living close to it.
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I came on company visa they provided and they didn't process my Medical and Emirates. So according to what I check online this visa expire on 21st August.
إطرح سؤالك
إجابة الخبير: 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 the UAE Labor Law, Article 115 stipulate that:
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.
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.
**As for visa cancelation, only the sponsor who can cancel the visa, so the worker shall contact the employer to get NOC to be legal and to avoid any legal reason to ban you. if he refused without legal reason, then you can file a complaint in the labor office and get permit from the office to change the employer and apply for new visa. Moreover, the sponsor can't take your passport and shall pay all your dues once the contract finished, if not, then you have to file a complaint in the labor office to get all your labor rights and end of services as you have to get them after 10 days of the contract expiration, and file a complaint in the Dispute Committee, or the complaint will be referred to the court to force the employer to pay your rights.
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.
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 the UAE Labor Law, Article 115 stipulate that:
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.
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.
**As for visa cancelation, only the sponsor who can cancel the visa, so the worker shall contact the employer to get NOC to be legal and to avoid any legal reason to ban you. if he refused without legal reason, then you can file a complaint in the labor office and get permit from the office to change the employer and apply for new visa. Moreover, the sponsor can't take your passport and shall pay all your dues once the contract finished, if not, then you have to file a complaint in the labor office to get all your labor rights and end of services as you have to get them after 10 days of the contract expiration, and file a complaint in the Dispute Committee, or the complaint will be referred to the court to force the employer to pay your rights.
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.
الرد من العميل
Kindly help me with Labor department contact or address where I can file my complaint as employer is not supporting.
إجابة الخبير: 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 that It should be noted that after reviewing your inquiry and legal scrutiny we would like to provide you with the following:
the sponsor or his representative (for example, in case of companies) shall do the procedures for cancelling the residence visa. The sponsor may 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 request to cancel the work contract and the employee's work card. This application must be signed by the employer and the employee, accompanied by a letter signed by the employee stating that he has received all his salary, entitlements and end of service from the company.
After completion of the cancellation by the Ministry of Human Resources and Emiratisation, the sponsor can only apply for cancellation of the residence visa before the General Directorate of Residency and Foreigners Affairs.
For family sponsored residence visas, such as a sponsor's spouse, children and dependents, the sponsor must cancel the sponsored visas before canceling his residence visa.
Cancellation done by the General Directorate of Residency and Foreigners Affairs, which issued the residence visa in the Emirate concerned first. And with the absence of any irregularities and get the non-objection of the sponsor, you can leave the country.
The printing office shall print the cancellation application electronically on behalf of the applicant and submit it to the General Directorate for Residency and Foreigners Affairs for approval and stamping the cancellation. As a quick alternative, To apply for cancellation by electronically through the electronic services of the General Directorate for Residence and Foreigners Affairs in the concerned Emirate, or through the electronic platforms available to the Ministry of the Interior.
The following documents must be attached upon submitting of the application for cancelling the residence visa at the General Directorate of Residency and Foreigners Affairs:
- Cancellation application form signed by the sponsor
- If the sponsor is a company or establishment, the application must include the signature and stamp of the company, along with a letter of clearance and settling all the procedures by the Ministry of Human Resources.
- Original passport of the sponsored person
- The original ID card of the sponsored person
- In case that the sponsored person is outside the country, the original passport must be attached, if it is not possible, a request for the residence visa from the computer system
** In case you want to check the visa status, you can go to the Immigration, Residence, Inquiry and after checking the personal references or through the following electronic login:
Visa Validity
Or through the following link:
Visa Services UAE
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.
Kind Regards,
Thanks for joining and trusting us, much appreciated!
We would like to inform that It should be noted that after reviewing your inquiry and legal scrutiny we would like to provide you with the following:
the sponsor or his representative (for example, in case of companies) shall do the procedures for cancelling the residence visa. The sponsor may 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 request to cancel the work contract and the employee's work card. This application must be signed by the employer and the employee, accompanied by a letter signed by the employee stating that he has received all his salary, entitlements and end of service from the company.
After completion of the cancellation by the Ministry of Human Resources and Emiratisation, the sponsor can only apply for cancellation of the residence visa before the General Directorate of Residency and Foreigners Affairs.
For family sponsored residence visas, such as a sponsor's spouse, children and dependents, the sponsor must cancel the sponsored visas before canceling his residence visa.
Cancellation done by the General Directorate of Residency and Foreigners Affairs, which issued the residence visa in the Emirate concerned first. And with the absence of any irregularities and get the non-objection of the sponsor, you can leave the country.
The printing office shall print the cancellation application electronically on behalf of the applicant and submit it to the General Directorate for Residency and Foreigners Affairs for approval and stamping the cancellation. As a quick alternative, To apply for cancellation by electronically through the electronic services of the General Directorate for Residence and Foreigners Affairs in the concerned Emirate, or through the electronic platforms available to the Ministry of the Interior.
The following documents must be attached upon submitting of the application for cancelling the residence visa at the General Directorate of Residency and Foreigners Affairs:
- Cancellation application form signed by the sponsor
- If the sponsor is a company or establishment, the application must include the signature and stamp of the company, along with a letter of clearance and settling all the procedures by the Ministry of Human Resources.
- Original passport of the sponsored person
- The original ID card of the sponsored person
- In case that the sponsored person is outside the country, the original passport must be attached, if it is not possible, a request for the residence visa from the computer system
** In case you want to check the visa status, you can go to the Immigration, Residence, Inquiry and after checking the personal references or through the following electronic login:
Visa Validity
Or through the following link:
Visa Services UAE
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.
Kind Regards,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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