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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

My friend recently resigned in the company. Her...

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My friend recently resigned in the company. Her employer learned that my friend has an active case in the bank and immigration is holding her visa cancellation. My friend coordinated this issue to the bank where she has a case and filed a complaint. Until now it is still in process. And she is waiting for the clearance from the bank. My friend's visa will end on 22 August 2019. My question, Her company said that if they will not cancel her visa they will charge the overstaying fee to my friend and they will deduct it in her gratuity. Is this legal?

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Dear Customer,                      

Thanks for joining and trusting us, much appreciated!

 

We would like to inform you that If the excess of residence is caused by the worker and not the employer, the worker is the one who bears these fines and not the employer.If the employer pays these fines, it may be deducted from the money that the worker has with the employer, but provided that this deduction is under the supervision of the Labor Office.

 

Article(60):

 

No amount shall be deducted from the wage of the worker for special rights except in the following cases:

 

A) Refund of advances or amounts paid to the worker in excess of his right, provided that the remuneration in this case shall not exceed 10% of the worker's periodic wage.

 

B) The premiums that the workers must legally pay from their wages such as social security and insurance policies.

 

C) Contributions of the employee to the Provident Fund or the advances due to the Fund

 

D) The installments of any social project or any other benefits or services provided by the employer, stipulated in  the Labor Department.

 

E) The penalties imposed on the worker for the offenses he commits.

 

F- Every debt collected in accordance with a court order, provided that the amount payable, pursuance of the judgment shall not exceed one quarter of the wage due to the worker. If multiple debts or multiple creditors considered the upper half of the wage and divided amounts required to be booked between the recipients of the apportionment of a fine after the payment of the debt of legal maintenance by a quarter of the wage.

 

Article 135

 

An employer may deduct any amounts owed to him by a worker from the latter's severance pay.

 

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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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