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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Good day I didn't finish my contract as a...

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Good day I didn't finish my contract as a housemaid sir because I cannot anymore too much work and my employer give my passport to the agency,now I want to get my passport from agency because I want to go home but agency wants me to pay for amount of 10,000dirhams and I don't have work now sir what will I do? please help

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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 domestic labor law in the UAE, the employer can terminate the work of the maid, as Article (16) of the law stipulates that the worker shall abide by the obligations mentioned in the labor contract in addition to the following:
Article (16)
The Employee shall abide by the obligations contained in the contract of employment in addition to the following:
1. The performance of the work itself, according to the direction and supervision of the employer, and according to the contract, and to do the necessary care, and not to stop working without an acceptable excuse
2. To observe the customs and traditions of society and to abide by public morals
3. To comply with the orders of the employer for the implementation of the agreed work unless such orders violate the contract, law, public order, public morals, or jeopardize it or legal accountability.
4. Preserving the employer's property, work tools and everything in his custody, or at his disposal, taking care of it and taking all necessary measures for its preservation and safety.
5. Respect for privacy and not to disclose the secrets that he is aware of by virtue of his work even after it has ended.
6. Not to use work tools outside the workplace without the consent of the employer and keep these tools in the places assigned to them
7. Providing necessary assistance and assistance in the event of disasters and threats to the place of work or the safety of those present therein.
8. Works under any form except in accordance with a work permit issued by the Ministry and in accordance with the terms of this permit.
9. Notify the Ministry in case of change of residence in the work permit within a period of time not exceeding seven days from the date of change
Article 21
1. If a dispute occurs between the parties to the contract and fails to settle it amicably, they shall refer it to the Ministry.
2. The Ministry shall take such action as it deems appropriate to settle the dispute amicably within two weeks in accordance with the procedures stipulated in the executive regulations of this law.
3. The case shall not be accepted before the competent court before following the procedures stipulated in this law and its executive regulations.
Article (23)
1. Either party to the contract of employment may dissolve it by unilateral will if the other party breaches its obligations under Articles 15 and 16 of this Law.
2. The employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and because the worker does not return to the worker, the employer will be obliged to provide a ticket for the return of the worker to his country in addition to payment of compensation equal to the comprehensive wage for one month and any other entitlements to the worker in the employer's custody, Other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the period of experience bear the expenses of returning home, in addition to payment of compensation to the employer equivalent to comprehensive pay for one month and any other entitlements to the employer in respect of the worker and any other compensation may be ruled by the court.
4. In all cases of termination of the employment relationship, the Ministry shall have the power to grant the worker a new work permit or not to grant it in accordance with the rules determined in this regard, and taking into account the provisions in force in the State.
** So you can go to the Ministry of Labor and file a complaint against the maid, explain the matter in detail, and request to cancel the visa

الرد من العميل

I already forward my complain sir only to get my passport and not to pay the amount that they want me pay because I don't have job for now I cannot find job without passport,how can I go home to my country without passport sir?

الرد من العميل

I don't have contract from my employer sir

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

That requires to settle the situation amicably with the sponsor, Also, you can go to the Labor Ministry as it is specialized in solving the labor disputes in order to get your passport back.
We think that you have to pay compensation to the employe, and the ministry will try to settle the situation about paying the amount that required by the sponsor, so you could take your passport then leave.

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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