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Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Good evening
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Dear customer ,
Welcome, Thank you for joining us in the legal section
with all respect and appreciation to you,
Dear customer, please provide us with you inquiry in details, and we will provide with the respond as soon as possible according to the mentioned facts.
We are delighted for your contacting, and you can also consult a number of experts on Jawabkom, as Doctors, nutrition specialist, engineers, and others.
Kind Regards
الرد من العميل
I would like to ask your kind assistance in regards to my issue below.I have worked with a hotel for 13 days and i resign because they didn’t provide a proper accommodation.It was full of pests and i got sick there.There was no solution from their end and now they are holding my passport and they are asking me to pay 4520 for the expenses and fyki i was hired inside the country.They kept asking me to come and go back without releasing my passport What should i do please
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Dear Customer,
Welcome, again
According to the given facts and for clarification purposes, we would like to explain to you,
Passport is a personal documents for its holder (Owner) and it is an ownership of the country that issued the passport. It is not allowed by law to confiscate the passport of the worker, unless in cases that the law stipulated on or by judicial rulings.
There are rulings stated by the ministry of interior which prevents the sponsor from holding the worker's passport except with a judicial rulings.
We advise to file an immediate case in front of the judge of urgent matters with a request of obligating the company to hand over the worker's passport. The company has no right to hold the passport because it is prevented by law and it is considered an arbitrary action.
Knowing that, according to the laws of the country, the passport is a document belongs to its holder and it is not allowed to dispossess it from him/her. This is what was assured by the regulations of discrimination which provides for " It is not a;;owed to hold the worker's passport and deprive him/her from travelling and moving whatever the relation is. Confiscating the passport is an action of preventing the person from travelling, which is controlled by the law's regulations.
Article 329 of the code of civil procedure, which stipulated on the cases in which it is allowed to prevent someone from travelling. Moreover, you have the right to claim your passport by a request to the judge who specializes in retracting the passports from employers, as the order of handing over the passport comes as obligatory
As for you coming by a work visa and your employer does not want to make you a residence and end your services before six months of the end of the contract, then the employer has the right to terminate the contract during the first six months of the work without giving a notice period. This is the period which is stated by the law (probation period), according to the article 37 of the federal labor law
Kind Regards,
الرد من العميل
Thank you very much for the answer. Moreover i would like to ask if the employee as well has the right to terminate the contract if the company didn’t got the proper requirements that was agreed for with the company during the approbation period Many thanks
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Dear Customer,
Welcome, again
We would like to inform you that you have to file a complaint in the Labor Office against the employer for the contract terms violations, and clarify that this the reason that make you want to terminate the contract and resign.
If the employer violation proved, then you can resign and get all your dues as the below article states:
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.
Kind Regards,
إسأل Attorney
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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