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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

Hi good evening

تم تقييم هذه الإجابة:
Hi good evening
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Am located in Dubai along Alqualdra road
Lawyer's Assistant: Has anything been filed or reported?
I am working with a local man as a cemel man and he canceled my visa without notification
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I really don't know what to do about this because am confused about this

إطرح سؤالك

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

usually in companies the sponsor or the deputy only can performs  the procedures of cancelling the visa or residence. The guaranteed cannot apply without the sponsor’s permit. However, if the sponsor rejects completing the application, then you can file a complaint at the ministry of labor to prove the expiration of the employment contract.  
The sponsor or his representative (for example, in case of companies) shall do the procedures for cancelling the residence visa. The sponsor can not proceed without permission and the sponsor signature.
If the company decides to cancel the work visa for the employee, it must first refer to the Ministry of Human Resources and Emiratisation and apply for cancellation of the work contract and the worker's ID card. This application must be signed by the employer and the employee, attached by a letter signed by the worker stating that he /she has received all of his / her salary, entitlements and end of service benefits from the company.
After completing the cancellation at the Ministry of Human Resources and Emiratisation, the sponsor can only apply for cancellation of the residence visa at the general directorate of residence and foreign affairs in the competent Emirate.
After cancellation, the sponsored person is granted a 30-day grace period either to leave the country or obtain another residence visa, and no fines will apply during the grace period.

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that termination of an employment contract by the employer shall have conditions in accordance with the provisions of the Labor Law in accordance with the following:

  • First: The employment contracts that are definite, and which the law determined a specific reasons for their termination by the employer. In the absence of such reasons, the employer becomes obliged to compensate the worker for the damage caused as a result of the termination of the employment contract without prejudice to his right to pay end of service indemnity and flight tickets or any other benefits, These reasons are:
  1. Assumes a false identity or nationality or submits forged certificates or documents.
    2. Is engaged on probation and is dismissed during or at the end of the probationary period;
    3. Commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labor department of the incident within 48 hours of his becoming aware of its occurrence;
    4. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
    5. Defaults on his basic duties under the contract and fails to redress such default Despite a written interrogation and a warning that he will be dismissed if such default is repeated;
    6. Is finally convicted
    7. Reveals any confidential information of his employer;
    8. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
    9. Assaults the employer, the manager in charge or any of his workmates during working hours; or
    10. Absents himself from work without a valid reason for more than 20 no successive days in one single year, or for more than seven successive days.
  • Second: Employment contracts that are indefinite and which require for its termination by the employer to notify the worker 30 days before the termination. If the employer fails to do so, he shall compensate the worker for compensation called a warning allowance. If the warning absence or its duration reduction do not result in any damage, then, the compensation shall be equal to the wage of the worker for all or part of the warning period, without prejudice to the rights of the worker's other rights.


Article (115)
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Article (119)
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
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الرد من العميل

How can I lay this reports to the labour curt , that the local man that am working with as a camel man cancelled me without warning later or notification

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

You can file a complaint at the labor office 
 

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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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