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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi.. I have problem about my boss holding...

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Hi.. I have problem about my boss holding passport.. By this corona happening my work is close and I want to go back home then I ask my boss to get passport she tell me to pay deposit 5,000 then she will give me passport.. I can’t pay she because the reason I will leave here is no money, no work and no accommodation.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Al rigga area
Lawyer's Assistant: Has anything been filed or reported?
I been call to report with police but they tell me to report with labour and I try to do labour report online but I cannot creat new account
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I’m work spa worker at millennium airport hotel and my visa is under hotel not under my boss am worry if I do report then will make problem to hotel not for my boss

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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 according to the UAE law, if you are a resident and an expat in the UAE, and with regard to holding the passport first, it is not permissible for the employer to hold the passport , but in the event that the passport is held by the employer (the sponsor), you may ask the passport back and if he refused to return it, then a complaint may be filed at the nearest police station. Also, you may submit a copy of the complaint to the labor office to explain the matter and the violation, but the law permits that the passport be held with any government department that follows the Ministry of the Interior with the legal justification for the holding or else it is considered a legal violation and this is unlike the employers in the private sector who are prevented from holding passports of their workers.
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
So if you want to terminate the contract then you will be forced to pay the visa expenses, then the sponsor will ban you and you will be forced to leave the country. It is preferable to settle amicably with the work and the consortium to pay a specific amount as compensation for this employer

الرد من العميل

Yes I have contract for 2 year and from begin we all staff pay by own money for visa, health card, insurance, I’d card and uniform even in contract write Free visa from hotel but we know this cheating is from our boss not from Hotel.. so will I compensate for other things to employers?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Yes, you can force the employer to pay these compensations as they have to pay them. Also, the contract is the main reference between the contractors, so if you filed a complaint then you can claim for that in the Labor Office.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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