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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Hi, I would like file a complaint against my...

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Hi, I would like file a complaint against my employer for holding my passport.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
I filed on MOHRE also on Dubai police site. But I have not received any response so far due to Covid 19 timings.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes, I joined in a company in 2018 September and I resigned in Feb 17 2020 due to mental harassment from some of my colleagues and I did not go to office. Since they did not accept my resignation my boss requested a meeting in the office on March 1st 2020. He advised me to join back also he assured that he will take care of the issues I addressed. I joined back on March 2nd 2020. Things were going well until 25th March 2020. But on 29th March my emailed me saying he accepted my resignation. When I asked for pending salary he said I have to pay him 40 days salary. What he did was terminated me. But he is not accepting and insisted me to sign on labor cancellation in order to get my passport.

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If your inquiry relates to your employer forcing you to give them your passport, here are the following information:
If your employer forces you to give you your passport without your consent, there is no legal provision that grants the employer the right to obtain the worker's passport without a legal reason.
If the employer has completed the procedures for obtaining the visa, health insurance and all other procedures, he may not retain the worker's passport without his consent and the worker can file a complaint with the police station and an additional complaint can be filed with the Ministry of Human Resources and Emiratisation.
If the employer is found guilty of retaining the worker's passport without his consent, a fine will be imposed against him

الرد من العميل

Yes, I was requested to submit my passport as I joined back to work. But I am on spouse visa. My boss said I have to sign on labor cancellation to get my passport. Apart from passport, could you please specify about the scenario I mentioned. Will it be considered as self resignation or termination?

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

You must not sign the resignation, which the employer has to force you sign in exchange for returning the passport. If you sign this resignation, in that case, you might lose your rights. You shall adhere to file a complaint against the employer at the police and MOHRE .

الرد من العميل

Dear sir,This is for your information.I joined in a company in 2018 September and I resigned in February 17th 2020 due to mental harassment and unhealthy situations at my work. Since my boss didn’t accept my resignation, I was requested to meet him in the office. On March 1st 2020 i had a meeting with him. He advised me to join back also he assured me that he will take care of the issues that I addressed. I joined back on 2nd March 2020. Things were going well until 25th of March 2020 on 29th March 2020, my boss emailed me saying he accepted my resignation. When I asked for pending salary he said that I have to pay 40 days of salary. I was requested to submit my passport after I Joined-back to work but am on spouse visa. My boss emailing me to sign on labor cancellation to get my passport.I have evidence for what I mentioned. I also got the acknowledgment from my management that I had submitted my passport on 12/03/2020. I have no money also no passport please advice me what to do in this situation.

الرد من العميل

Resigned on 17/02/2020Joined back on 02/03/2020Submitted passport on 12/03/2020My boss emailed on 29/03/2020 that he accepted my resignation which was no more valid as I resumed my on 02/03/2020.

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

The worker who wants to resign shall submit it to the employer, and the worker shall continue to work until a decision is made to accept or reject the resignation. Also, according to the UAE labor law, a definite employment contract may only be terminated by the end of its term. An indefinite employment contract may not be terminated until after the notice of the other party is given at least one month before the termination. Also, if the worker terminates the employment contract illegally, he shall pay a compensation to the employer, the amount of which does not exceed a month and a half salary as a maximum. Finally it should be noted that we could not determine whether returning to work without a request to withdraw the resignation letter is considered to be a complement to the employment contract or not, as this matter depends on the discretionary power of the labor court judge.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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