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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
my employer tell me to work without employment...
my employer tell me to work without employment visa
Lawyer's Assistant: Where are you located? It matters because laws vary by location
uae
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nopo maam
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dont want to continue work for them because of long time duty 13 to 14 hrs duty i only work 7 days to them and still they sent only in email the offer letter so i never sign anthing to them and in my 6 day i lost the money cost 50 dirham but in the next i told them that i lost it i told them to get only the payment on my salary because i dont have money, and they tell its ok,but by the next day because of long hours duty i didnt come for wor till septmber 14 and in september 15 i go to the and tell them i cannot contuniue to work and i need my pasport by that time they told me i have two only option work for them and evryday i need to sell 500 dirham for them because if i dont they will hang me up side down or they sent me to jail because i still money but we already talk about it that the money i lost and that money is i did not steal,,will be deduct to my salary and now they dont want to give my pasport what should i do
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 would like to inform you that if you are expat in UAE with work visa, and there is violation then you can go to the labor office and file a complaint. If the violation is proved, then you can leave the work and change the employer without NOC by the Ministry of Labor, as below article state:
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
According to the UAE Labor Law, the law determine the working hours:
Article (65)
The maximum normal working hours for adult workers shall be eight hours per day or forty-eight hours per week. The working hours may be increased to nine hours a day in business, hotel, canteens, guarding and other work that may be added by a decision of the Minister of Labor.
The daily working hours may also be reduced for work that is stressful or harmful to health by a decision of the Minister of Labor and Social Affairs. The normal working hours are reduced by two hours during the month of Ramadan.
Article (66)
The daily working hours shall be organized so that the worker shall not work more than five consecutive hours without periods of rest, food and prayer not less than a total of one hour. These periods shall not be included in the calculation of working hours.
In the factories and laboratories where the work is on successive cohorts at night and day or in work where it is imperative for technical and economic reasons to continue work without stopping, the Minister shall regulate by decision how to grant workers rest periods, food and prayer.
Article (67)
If the working conditions require the employment of the worker more than the normal working hours, the period of increase shall be deemed to be an additional time for which the worker shall be paid a wage equal to the wage corresponding to normal working hours plus an increase of not less than 25% of that wage.
Article (68)
If the working conditions require the employment of additional time between 9 pm and 4 am, the worker shall be entitled to the overtime pay for the regular working hours plus an increase of not less than 50% of that wage.
Article (69)
Actual overtime hours may not exceed two hours per day unless work is required to prevent, eliminate or mitigate serious loss or serious accident.
Article (70)
Friday is the normal weekly rest day for all workers except for day laborers. If circumstances require the worker to work on that day, he shall be compensated for another day of rest or to be paid the basic wage for normal working hours plus an increase of at least 50% of that wage.
So we advise you to file a complaint in the Labor Office and explain the matter in detail and in the event of proof of the violation can then leave the work without forcing you to pay any compensation to the employer as a result of leaving the work and without notice to them while you retain all the rights of the workers. You also have to hire a lawyer to handle the complaint procedures and following.
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,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that if you are expat in UAE with work visa, and there is violation then you can go to the labor office and file a complaint. If the violation is proved, then you can leave the work and change the employer without NOC by the Ministry of Labor, as below article state:
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
According to the UAE Labor Law, the law determine the working hours:
Article (65)
The maximum normal working hours for adult workers shall be eight hours per day or forty-eight hours per week. The working hours may be increased to nine hours a day in business, hotel, canteens, guarding and other work that may be added by a decision of the Minister of Labor.
The daily working hours may also be reduced for work that is stressful or harmful to health by a decision of the Minister of Labor and Social Affairs. The normal working hours are reduced by two hours during the month of Ramadan.
Article (66)
The daily working hours shall be organized so that the worker shall not work more than five consecutive hours without periods of rest, food and prayer not less than a total of one hour. These periods shall not be included in the calculation of working hours.
In the factories and laboratories where the work is on successive cohorts at night and day or in work where it is imperative for technical and economic reasons to continue work without stopping, the Minister shall regulate by decision how to grant workers rest periods, food and prayer.
Article (67)
If the working conditions require the employment of the worker more than the normal working hours, the period of increase shall be deemed to be an additional time for which the worker shall be paid a wage equal to the wage corresponding to normal working hours plus an increase of not less than 25% of that wage.
Article (68)
If the working conditions require the employment of additional time between 9 pm and 4 am, the worker shall be entitled to the overtime pay for the regular working hours plus an increase of not less than 50% of that wage.
Article (69)
Actual overtime hours may not exceed two hours per day unless work is required to prevent, eliminate or mitigate serious loss or serious accident.
Article (70)
Friday is the normal weekly rest day for all workers except for day laborers. If circumstances require the worker to work on that day, he shall be compensated for another day of rest or to be paid the basic wage for normal working hours plus an increase of at least 50% of that wage.
So we advise you to file a complaint in the Labor Office and explain the matter in detail and in the event of proof of the violation can then leave the work without forcing you to pay any compensation to the employer as a result of leaving the work and without notice to them while you retain all the rights of the workers. You also have to hire a lawyer to handle the complaint procedures and following.
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,
الرد من العميل
i dont have yet employ ment visa im i only have now is visit visa
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear Customer,
Welcome again!
First, according to the law, which allows the transfer the visit visa to work,
Thus, the time taken to complete the visa and transfer it needs a period of sixty days and the law does not prevent it from working as long as the visa is under procedure and that you have a contract and received a labor dispute can prove the contract of employment as was explained to you in the previous answer
Kind Regards,
Welcome again!
First, according to the law, which allows the transfer the visit visa to work,
Thus, the time taken to complete the visa and transfer it needs a period of sixty days and the law does not prevent it from working as long as the visa is under procedure and that you have a contract and received a labor dispute can prove the contract of employment as was explained to you in the previous answer
Kind Regards,
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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