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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Good evening sir. I just want to ask about my...

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Good evening sir. I just want to ask about my situation. I resigned already from my work our GM decided not to cancel me yet due to the ncovid situation. Yesterday I receive a call from them that they need to cancel me because my health insurance is going to expire. My question is, is it possible for them to cancel me without signing the cancellation paper? How much gratuity I will receive if I stayed for 3years and 10months? Are they going to provide my plane ticket going back to my country?. Thank you

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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.
We would like to inform you that according to the UAE Residence & Labor Law, if the work contract is finished and you don’t want to renew or extend, then the sponsor has to pay all your labor rights including the ticket, as legally he can’t force the sponsored to extend the contract. 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.
Therefore, you can file a complaint in the labor office to force the sponsor to grant you the ticket or pay its expense.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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