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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi my name is nirmala gurung im working in indian...
Hi my name is nirmala gurung im working in indian house finish one year vissa i have a two years vissa but i didn't want to work here beacuse they mently tourcher me when i said give me cancel they didn't give me cancel plz help me sir mam
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that if you mean to change the work and the visa, yes, it can be done, but according to specific controls.
First, the work must be completed according to the legal principles so that you wouldn’t subject to the ban because of escape report by the sponsor.
In addition to changing the work and visa, it requires obtaining a NOC from the sponsor.
As for the completion of the work for the purposes of changing the work and visa, it must be done in accordance with the provisions of the law.
Article (113):
The employment contract ends in any of the following cases:
1. If the two parties agree to terminate it, provided that the consent of the worker is in writing.
2. If the period specified in the contract expires unless it has been explicitly or implicitly extended in accordance with the provisions of this law.
3. Based on the will of one of the parties in contracts of indefinite duration, provided that they abide by the provisions of this law relating to warning and the acceptable reasons for terminating the contract without arbitrariness.
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.
The law also provided legal protection for wages in the text of Article (56) which stipulated:
Article (56)
Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks. Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to
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.We would like to inform you that regarding the cancellation of the visa, who has the right to cancel it is the previous sponsor or his representative, and the worker can't cancel it himself, but in the case of proven abusive and intransigent employer sponsor to cancel without any legal justification so the Labor Office can usually revoke the visa, which only authorizes the sponsor or his delegate on his behalf (e.g., the representative in the case of companies) to proceed with the cancellation of the residence visas he guarantees.
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.
First, the work must be completed according to the legal principles so that you wouldn’t subject to the ban because of escape report by the sponsor.
In addition to changing the work and visa, it requires obtaining a NOC from the sponsor.
As for the completion of the work for the purposes of changing the work and visa, it must be done in accordance with the provisions of the law.
Article (113):
The employment contract ends in any of the following cases:
1. If the two parties agree to terminate it, provided that the consent of the worker is in writing.
2. If the period specified in the contract expires unless it has been explicitly or implicitly extended in accordance with the provisions of this law.
3. Based on the will of one of the parties in contracts of indefinite duration, provided that they abide by the provisions of this law relating to warning and the acceptable reasons for terminating the contract without arbitrariness.
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.
The law also provided legal protection for wages in the text of Article (56) which stipulated:
Article (56)
Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks. Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to
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.We would like to inform you that regarding the cancellation of the visa, who has the right to cancel it is the previous sponsor or his representative, and the worker can't cancel it himself, but in the case of proven abusive and intransigent employer sponsor to cancel without any legal justification so the Labor Office can usually revoke the visa, which only authorizes the sponsor or his delegate on his behalf (e.g., the representative in the case of companies) to proceed with the cancellation of the residence visas he guarantees.
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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