إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
My company is not cancelling my visa and labor...
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that according to the UAE labor law, all of the above is considered to be in violation of the labor law and the labor contract, and accordingly the law provides legal protection for wages for wages in the text of Article (56), which stipulates the workers appointed with annual or monthly wages, whose wages are paid at least once every month, and all other workers pay their wages once every At least two weeks. Therefore, with the possibility of a complaint in front of work and workers and the filing of a lawsuit against him, work may be left according to the text of Article (121). The worker may leave work without warning in one of the following two cases:
A- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law. The law also obliges you to give you no objection to changing the work authority and canceling the visa for the purpose of transferring this guarantee from the side and from the side of canceling the visa you can not cancel except with the consent of the sponsor or whoever delegates it, since this is his right but with the presence of the violation can cancel the visa with the knowledge of the Ministry of Labor on the condition of the existence of the violation It is the failure to pay the agreed-upon wages in the contract, according to the legally specified date
B- If the employer or his representative legally assaults the worker. Consequently, it is possible to file a complaint in front of the labor office and explain the matter in detail, as it is the authority with jurisdiction to settle labor disputes. It is also possible to submit a complaint electronically by entering this link Labor complaint (Tzahil)
We would like to inform you that regarding the cancellation of the visa, who has the right to cancel it is the previous sponsor or his representative, and the worker can't cancel it himself, but in the case of proven abusive and intransigent employer sponsor to cancel without any legal justification so the Labor Office can usually revoke the visa, which only authorizes the sponsor or his delegate on his behalf (e.g., the representative in the case of companies) to proceed with the cancellation of the residence visas he guarantees.
In case the company decides to cancel the work visa for the employee, it should first refer to the Ministry of Human Resources and Emiratisation to cancel the work contract and the work card for the employee and this application must be signed by both the employer and the employee, accompanied by a letter signed by the employee confirming that he has received all his salaries, benefits and end of service from the company.
After the cancellation is completed by the Ministry of Human Resources and Emiratisation, only the sponsor can apply for the cancellation of the residence visa before the General Directorate of Residency and Foreigners Affairs in the Emirate concerned.
For family (or personal) residence visas, such as the sponsoring spouse of his wife, children and dependents, the sponsor must first cancel his or her sponsored visa before he / she cancels his or her residence visa.
Cancellations can be made through the General Directorate of Residency and Foreigners Affairs, which issued the residence visa in the Emirate concerned first. Here are the required documents for cancellation.
The following documents must be attached to the General Directorate of Residency and Foreigners Affairs:
- Cancellation application form signed by the sponsor
- If the sponsor is a company or establishment, the application must include the signature and seal of the company, accompanied by a letter of clearance and the completion of the procedures by the Ministry of Human Resources and Emiratisation.
- Original passport of the sponsored person
- Original ID card of the sponsored person
- If the sponsored person is outside the country, the original passport must be brought, although it is not possible to apply for an extract from the residence visa from the computer.
- Duration and fees
- Under normal circumstances, the cancellation request can be completed in one day or less, depending on the applicant completing all documents and requirements.
الرد من العميل
They said they will file a case against me and they will not cancel my visa and labor card unless the case is fixed,
الرد من العميل
What case can i file against them for not giving me my rights?after rendering to them
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
If she can’t, she can go to the federal court, file a case, and claim labor rights with a request for permission once the complaint is submitted to change the work and transfer the sponsorship because of violation by the sponsor in a manner that contradicts the labor contract and the law
Therefore, the subject matter of the case, if it is brought at the court, is a financial claim for labor rights
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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