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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
I am work in private company as a driver . I start...
الرد من العميل
if I want to cancel my visa in this company. can I get any ban or not.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
1- Reducing wages
2- Granting the worker a paid leave
3- Granting the worker unpaid leave, and this leave is not entitled to the worker claiming any allowances for it according to the ministerial decision, according to the ministerial decision was enacted due to Corona situation and to prevent its spread and save the employers interests.
Thus, if the leave was granted without a salary, the employer is not obligated to pay any allowances unfortunately to the worker
**In the event of cancellation and termination of work by you, this can be done under the condition of following the legal principles in terms of submitting resignation according to the following legal texts so that your ban is not
Article (113)
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
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.
Article (117):
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one year.
One month: if the worker has been employed for not less than five years.
Article (118):
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article (119):
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
Note that after resignation and accepting it that requires NOC and cancelling the visa by the sponsor or any other representative.
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الرد من العميل
I want to cancel visa so what will I do . if I dont want to work in this company.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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