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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

I'm on visit I work in a company from five months...

تم تقييم هذه الإجابة:
I'm on visit I work in a company from five months they didn't give me salery and they didn't give me visa too and now I want to leave from there they don't want to give my passport

إطرح سؤالك

الرد من العميل

Hello

الرد من العميل

Sir

الرد من العميل

I'm working in a company from five months they give me visit visa then I came here now they didn't give me employment visa and even didn't give me salery of five months now I want to leave from there they don't want to give me my passport

الرد من العميل

What should I do now

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that if the employer does not pay the salary due to you in a regular manner, it is a violation to the contract and the labor law, and you can file a complaint and request to breach the contract because they are not pay your salary and request to join another employer 
According to the Federal Labor Law, the obligation of the employer to pay the employee's salary is one of the most important responsibilities that the work contract imposes on the employer. Violating this obligation gives the employer the legal right to terminate the employment contract and get all the rights, including the right to be transferred to another employer after the approval of the Interior Ministry and the Human Resources and resettlement.
whether general the administration of the residence and foreign affairs or the ministry of human resources and nationality , companies or businessmen shall not keep the passports of the workers as these passports belong to the country which issued it and no one can keep it but the owner. If any employer hold the passport, then the worker can file a complaint against the employer which will result in forcing the employer to return the passport to the worker, imposing a fine, and stop the services by the ministry of human resources and nationality.
As the UAE Labor Law states:
Article 121:
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.

الرد من العميل

I'm on entry permit my company didn't give me employment visa what should I do?

الرد من العميل

I'm on visit visa my company didn't give me employment visa what should I do

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

We would like to inform you that according to the Foreigners Residence Law, an expat may not be employed for a visit until after obtaining a work permit and amending the status through the Federal Authority for Identity and Nationality. After that change the visa to work and if you join the work of that company before adjusting the situation then this is violation by you and the company and you will face legal issues.
As the law states:
 If the visa is for a visit, the foreigner is not entitled to work anywhere in the country, whether paid or unpaid, or as an employer. The Federal Authority for Identity and Nationality shall approve this and the expatriate shall be punished by imprisonment for a period not exceeding three months and a fine not exceeding 10000 AED or one of these two penalties. The court shall order the deportation of the violator from the state and a fine of 50000 AED shall be imposed on any person who used a foreigner without his sponsorship without complying with the conditions and conditions prescribed for transferring the bail or without obtaining the necessary permit for that.

 

 

إسأل Lawyer

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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