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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

Lawyer

I HAVE BEEN WORKING WITH SHARJAH TAXI COMPANY ,...

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I HAVE BEEN WORKING WITH SHARJAH TAXI COMPANY , AND LATER THEY COLLECTED THEIR CAR FROM ME SINCE 2018 OCTOMBER , AND I WANTED TO COLLECT MY PASSPORT AND THEY ARE NO READY TO GIVE ME
Lawyer's Assistant: Where are you located? It matters because laws vary by location
NOW AM STAYING AT SAROOJ AREA AL AIN UAE
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?
NOTHING

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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

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.

If, in the event that the question is intended otherwise, you can kindly ask it in detail and we will respond to it in the shortest time,

الرد من العميل

I have trying all this , by going to labor, and police,. But all of them are saying they are government company, so I need to go and settle with them , and I have went to my company,(SHARJAH TAXI COMPANY),so many times, they are no response to me , so help me out

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.9%

Please kindly note, in addition to our previous answer, and if the law prohibits the seizure of a passport,

However, the prevailing custom in the UAE in general allows employers to reserve a passport,

But first we recommend that you try to compromise with the user as your sponsor,

As it is the one who granted you residence on the company,

If you refuse to settle with you, and after you go to the labor office and refuse to deal with you, then you can resort to the Federal Court and follow the method we will explain to you:

Filing a lawsuit against the work authority whose subject matter is claiming labor rights, as terminating the work is an arbitrary chapter, which requires the employer to pay compensation to the worker in accordance with Article 115 of the Federal Labor Law,

And that the lawsuit also includes a request to return the passport of the worker,

Here the court ruling and if the court does not respond to the lawsuit and the judiciary with rights, it obliges the employer to return the passport,

The fact that the person who has the right to seize the passport is the administrative and governmental authority in the state and not others,

So we also advise that if this path is followed, seek the assistance of a lawyer who is fully aware of the legal procedures that must be followed to ensure the return of the passport

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

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