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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi my company doest want to cancel my visa. I...
Hi my company doest want to cancel my visa. I alrrady served my botice period what can i do. They already talk to legal advisor and they suceed to delay my cancelation
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
The matter is considered a violation of the law and it was better for you and before resigning to submit the complaint with the presence of the employment contract and signing it with you with the employer, as it considers the order to circumvent the law by ending the work and arbitrary dismissal, as the law stipulated in Article (115) that:
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. unless the reason for termination is related to what is stipulated in Article (120).
Article 123
1. Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2. The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law. The employer can cancel it without being able to cancel it, unless the employer proves abusive, then a complaint can be submitted and a request for cancellation to be made by the labor office for the purpose of transferring sponsorship to the new employer, but in general about the request to cancel the visa in accordance with the UAE residence law and regard to canceling the visa, whoever has the right to cancel it is the previous sponsor or whoever he delegates and the worker cannot cancel it himself, but in the event that it is proven that the employer and sponsor of the cancellation are intransigent without any legal justification, then the labor office has the right to cancel the visa usually, only the sponsor or whoever he delegates on his behalf (such as a delegate in the case of companies) is authorized to proceed with the procedures for canceling residence visas that he sponsors, and the sponsor himself cannot proceed to medicine without the permission and signature of the sponsor
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.
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. unless the reason for termination is related to what is stipulated in Article (120).
Article 123
1. Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2. The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law. The employer can cancel it without being able to cancel it, unless the employer proves abusive, then a complaint can be submitted and a request for cancellation to be made by the labor office for the purpose of transferring sponsorship to the new employer, but in general about the request to cancel the visa in accordance with the UAE residence law and regard to canceling the visa, whoever has the right to cancel it is the previous sponsor or whoever he delegates and the worker cannot cancel it himself, but in the event that it is proven that the employer and sponsor of the cancellation are intransigent without any legal justification, then the labor office has the right to cancel the visa usually, only the sponsor or whoever he delegates on his behalf (such as a delegate in the case of companies) is authorized to proceed with the procedures for canceling residence visas that he sponsors, and the sponsor himself cannot proceed to medicine without the permission and signature of the sponsor
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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