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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

Lawyer

I want to cencle mu employmnt visa

تم تقييم هذه الإجابة:
I want to cencle mu employmnt visa
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Am now frunt of laubure court
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?
The arbab con not give back my pasport

إطرح سؤالك

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

The UAE law and rules has made it clear, that employers are not entitled to hold back the passports of their employees unless for administrative purposes only.

However, based on the judicial precedence of that case, it is easy for employees now-a-days to get a court order for the release of their passport through the police

The offence carries a jail sentence and a fine of up to AED 20,000.

If an employer refuses to return your passport, you can register a case against them at the local labor office and even file a police case.

الرد من العميل

Its my probation time in work but i can not do hard work i just want to go back to home but how is the posibel the arbab can not left me

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

Please nte that before you can go back homen you need first you or either party terminate the original contract or a renewed contract provided he complies with the legal consequences of early termination which include:

  • notifying in writing at least one month in advance but no longer than three months
  • honouring the contract obligation for the duration of the notice
  • compensating the other party to the level that was agreed to by both the parties, provided this does not exceed the equivalent of three months' gross wages.

After terminating and concerning the return to home country if filling the conditions, we would like to inform you that flight tickets are related with the work contract whether it states that or not. So you have to review the work contract if it is stated there, then the employer has to comply that, as below article states:

 

Article (131) Repeated:

1- The expense of employee return expense, the value of the travel tickets. Also, as stipulated in the contract of employment of the company bylaws, the worker is entitled to his family travel expense and the transportation of the shipment of luggage.

 2- In the cases which the employer provide housing for the worker, the worker should evacuate the house in a duration not exceeding 30 days of the termination.

 3- The worker may not delay the evacuation of the house for any reason, provided that the employer should provide the following:

 - the expense provided in text (1) of this article

 - the end of service reward and any other dues committed by the employer according to the company bylaw or the law.

 4- if the worker causes a conflict regarding the dues referred to, then the labor department shall specify these expenses and dues quickly within a week of the date of reporting this issue, provided that department should notify the worker of the specifies dues and entitlements.

 5-in this case the duration of 30 days as referred to in text (2) shall be valid, as from the date of which the employer deposit the expenses and dues as specified by the labor department, with the cooperation with the competent authorities in the state, to take the necessary procedures.

6-the provisions of this article shall not be breached at the competent court.

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

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