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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hello sir , I'm house driver my bosses have done...

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Hello sir , I'm house driver my bosses have done absconding case on me , I call tawafuq to for 2 month salary but they told me to go to immigration abu Dhabi, I want details please

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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 the person who has the right to cancel the visa is the sponsor or the authorized person without being able to cancel the worker himself so you shall settle with the sponsor.
Therefore, if you are sponsored by the employer and have completed the work before the completion of the contract period, the sponsor can file an escape report against you, which will result ban you from working in UAE and then deporting you.
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.
Therefore, we advise you to go to the Labor Office and submit a complaint for the purposes of cancellation and then correct the residence status
To clarify, the sponsor or his representative (for example, in case of companies) shall do the procedures for cancelling the residence visa. The sponsor may not proceed without permission and the sponsor signature.
If the company decides to cancel the work visa for the employee, it shall first refer to the Ministry of Human Resources and Emiratisation and apply for cancellation of the work contract and the worker's ID card. This application shall be signed by the employer and the employee, attached by a letter signed by the worker stating that he /she has received all of his / her salary, entitlements and end of service benefits from the company.
After the cancelation from the Ministry of Human Recourses and Emiratisation, the sponsor can apply for cancellation in the General Department of Residence and Foreign Affairs where you reside.

الرد من العميل

But they have filed a case of absconding on me ... how to remove absconding case ? I'm a domestic house driver ... almost near to commit suicide

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

According to the UAE Labor Law and the Residence Law, in the absence of any injunction to the employment contract and the provisions of the UAE Labor Law and the sponsor of the employer placing the name on the ban list by submitting a flight notification that can be removed immediately by going to the labor office and submitting the complaint and proving the nullity of the communication and the aim of this is extortion, especially since the escape notification is for those who have a work visa and not for one who has a visit or tourist visa, but there is one case that the sponsor can report the escape, and this is the case when the tourist or visitor breaks the visa, then fines can be paid to break the visa and leave the country

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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