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Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
Lawyer
My company doesn't want to release my passport for...
My company doesn't want to release my passport for me to go back home for treatment yet I submitted my resignation letter and they are requesting for money to continue with visa concelation
Lawyer's Assistant: Where are you located? It matters because laws vary by location
In Al satwa dubai
Lawyer's Assistant: Has anything been filed or reported?
Yes I filed up acase today requesting for visa cancellation at tarseel and they said that they'll get back to us tomorrow
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes if I was working with company for more than 1yr under unlimited contract do I have to pay the company before I go as they claim?
إطرح سؤالك
إجابة الخبير: Abd Alhameed Kieshar
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
In regard to your passport :According to the announcement of the federal authorities in the UAE, whether general the administration of the residence and foreign affairs or the ministry of human resources and nationality , companies or businessmen shall not keep the passports of the workers as these passports belong to the country which issued it and no one can keep it but the owner. If any employer hold the passport, then the worker can file a complaint against the employer which will result in forcing the employer to return the passport to the worker, imposing a fine, and stop the services by the ministry of human resources and nationality
In regard to your unlimited contract termination :It should be noted that after reviewing your inquiry and legal scrutiny we would like to provide that in terms of resignation, it is mainly related to indefinite terms contract. As for fixed-term employment contracts, the worker must execute the contract until the end of its term or with a written agreement with the employer to terminate the contract of employment. The employee may also terminate the contract of employment if the employer fails to implement the contractual obligations stipulated in the contract or the law such as non-payment of salaries to the worker as well as the case of an assault on the worker by the employer or one of his representatives after submitting a complaint to the Labor Office and prove it and request a permission to obtain a new work permit after the dissolution of the contract of work
However, it should be noted that in accordance with Ministerial Resolution 756 for the year 2015, if the contract was set again, the worker may terminate the contract during the renewal period, with the following requirement:
· The employer shall be notified before the termination in one to three months as agreed
· The worker continues to work throughout the notification period
· Pay for termination according to the agreement of the parties so as not to exceed the total wage for the work within three months
Also, the obligation to the provisions of the law and the above mentioned on the termination of the contract of employment and the worker continued to work throughout the warning period when the termination of the contract fixed duration during the renewal period and payment for termination shall be entitled to rights terminated on termination such as end of service reward and pay the month of work during the employer, In case of violation of these conditions and termination of employment contract, the employer may report your escape, which may result in depriving you of up to one year with article 113 of the Federal Labor Relations, which states that
Article (113) :
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
However, it should be noted that in accordance with Ministerial Resolution 756 for the year 2015, if the contract was set again, the worker may terminate the contract during the renewal period, with the following requirement:
· The employer shall be notified before the termination in one to three months as agreed
· The worker continues to work throughout the notification period
· Pay for termination according to the agreement of the parties so as not to exceed the total wage for the work within three months
Also, the obligation to the provisions of the law and the above mentioned on the termination of the contract of employment and the worker continued to work throughout the warning period when the termination of the contract fixed duration during the renewal period and payment for termination shall be entitled to rights terminated on termination such as end of service reward and pay the month of work during the employer, In case of violation of these conditions and termination of employment contract, the employer may report your escape, which may result in depriving you of up to one year with article 113 of the Federal Labor Relations, which states that
Article (113) :
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
الرد من العميل
Thank you so much for the response
إجابة الخبير: Abd Alhameed Kieshar
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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Abd Alhameed Kieshar
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الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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