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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
My boss called us the company last April 29,202...
My boss called us the company last April 29,2020.When we reach there she had this paper,a resignation letter which she made by herself and ask us to sign.Then I ask y?coz resignation letter we as an employee are the one who should make and submit to the company.She should give us termination letter.Then I told her that I will not sign,she said that if she's going to give me termination letter on the same day shes going to send me back home.I refuse to go back home coz choose to stay and find another job.My end of contract is on July 6th,2020.Until now im waiting for my termination letter but so far nothing.What im going to do now?Would you please help me.I been working to that company for 4years since April 2016.I have 40days pending leave not yet been paid.Our passport are all with my boss.Please help me to solve my problem.Thank you!Have a great day!
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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 what was mentioned in your inquiry, and according to the Federal Labor Law, first it is necessary in order to transfer the sponsorship and change the employer to cancel the previous visa, and this may only be done through the previous employer for you, the matter shall be settled with her and get a non objection certificate after canceling the visa, or if you wish to leave the country so we advise the amicably solving with the previous sponsor and canceling the visa, whoever has the right to cancel it is the previous sponsor or whoever he delegates and the worker cannot cancel it himself, but in the event that it is proven that the employer and sponsor of the cancellation are intransigent without any legal justification, then the labor office has the right to cancel the visa usually, only the sponsor or whoever he delegates on his behalf (such as a delegate in the case of companies) is authorized to proceed with the procedures for canceling residence visas that he sponsors, and the sponsor himself cannot proceed to medicine without the permission and signature of the sponsor
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. The residence cancellation application may be submitted through the approved typing offices, or electronically via the platforms provided by the authorities concerned with the issuance of residence visas: the documents required to cancel the residence visa.
The following documents shall be attached and presented when submitting the residence visa cancellation application:
- Cancellation application form signed by the sponsor
- If the sponsor is a company or establishment, the application must include the signature and stamp of the company, along with a letter of clearance and settling all the procedures by the Ministry of Human Resources.
- Original passport of the sponsored person
- The original ID card of the sponsored person
- In case that the sponsored person is outside the country, the original passport must be attached, if it is not possible, a request for the residence visa from the computer system.
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. The residence cancellation application may be submitted through the approved typing offices, or electronically via the platforms provided by the authorities concerned with the issuance of residence visas: the documents required to cancel the residence visa.
The following documents shall be attached and presented when submitting the residence visa cancellation application:
- Cancellation application form signed by the sponsor
- If the sponsor is a company or establishment, the application must include the signature and stamp of the company, along with a letter of clearance and settling all the procedures by the Ministry of Human Resources.
- Original passport of the sponsored person
- The original ID card of the sponsored person
- In case that the sponsored person is outside the country, the original passport must be attached, if it is not possible, a request for the residence visa from the computer system.
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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