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Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.8%
Hello I m ashfak from India my job lost and my...
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إجابة الخبير: Mohye Eldeen Rasheed
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.8%
The Ministry of Human Resources and Emiratisation (MoHRE) issued Ministerial Decree No. 739 of 2016, which stipulates :that
If the salary has not been paid within 10 days of the due date registered in the WPS, it is considered “late.”
If the salary has not been paid within one month of the due date, the employer is deemed to be “refusing to pay wages.”
So all you have to do is to contact MoHRE by visiting their local labour office to get advice and support, then accomplish and submit an application form that you'll find in their offices,
You have to submit these documents with your complaint too:
labour card,
Emirates National ID,
labour contract,
and other documents maybe require, it may vary on a case-to-case,
And in case your employer doesn't proceed of your demand to return your passport or your refusal to consent to the retention of your passport, such a termination of employment may be deemed an arbitrary termination.
This is in accordance with Article 122 of the Employment Law, which states: "A worker's service shall be deemed to be arbitrarily terminated by his employer if the reason for termination is irrelevant to the work. More particularly, a termination shall be regarded as arbitrary if it is prompted by a formal complaint filed by the worker with the competent authorities or a legal action instituted against the employer that proved to be valid."
it may be noted that you may demand the return of your passport from your employer.
If your employer refuses to return your passport you may consider approaching the Ministry of Human Resources and Emiratisation. You may also file a complaint against your employer at a police station.
Concerning the air ticket for return to your home country upon resignation or termination is the employer obligation to pay the cost of the air ticket
But, please note that this only applies if the employee is going to his home country and not going to work somewhere else in the UAE,
whereas in this case the employer is not obliged to pay you the home ticket as the employee is not travelling home.
Article 131 of the Labor law stipulates that: "Expenses for repatriation of an employee to his place of origin or any other place agreed upon by both parties shall be borne by the employer. If the employee after the end of his contract takes up employment somewhere else, repatriation expenses upon termination of his service shall be paid by the last employer subject to the provisions of the preceding clauses, and if the employer has failed to repatriate the employee and has not paid the repatriation expenses, the competent authorities shall do this at the employer's expense by way of attachment."
In the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.
إسأل Lawyer
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.8%
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