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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

I got forced leave during pandemic until now for 5...

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I got forced leave during pandemic until now for 5 months it is unpaid leave, before the forced leave the manager told us that if we get a new job without any call from the company to comeback we can accept a new job and cancel our visa. Now I get a new job the salary is bigger and now they don’t want to cancel my visa. They said that im on a limited contract thats why I cannot go. What will I do Sir? They did not also give my last month salary before i got forced leave. I need to provide to my self thats why I accept the job.

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Reference to the Federal Labor Law regulating the nature of the contractual relationship between the worker and the employer, as well as Ministerial Resolution No. 270 of 2020
Yes, the work can be terminated, but by following the legal principles as stipulated in the law for the purpose of canceling the visa by the employer and granting you all of your dues, so if the employment contract is for a specific period, it must be terminated according to the following legal text Article (113)
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. 
We would like to inform you that referring to the UAE labor law that provided a legal protection for wages in the text of 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.
** Therefore, failure to pay wages on the specified dates by law is considered a legal offense with which a complaint shall be filed at the work and workers department attached to it the bank statement to show that the salary has not been received and then claim it through this authority. In the event that the complaint is proven, you may leave work according to the text of Article (121):
 The worker may leave work without warning in one of the following two cases:
A- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
B- If the employer or his representative legally assaults the worker.
 
*** With the worker retaining all his rights and end-of-service indemnity, the worker may grant permission to change the work authority without the need for non objection from the sponsor, and it is also possible to submit an electronic complaint by entering this link: HR and complainant
We would like to inform you that according to what was mentioned in your inquiry, if you intend to change the work and the visa, then yes, it is possible, but according to specific regulations. First, the work shall be completed according to the legal principles, so that you will not be subject to a ban because of the escape report by the sponsor, in addition to that changing the work and the visa requires obtaining a non objection from the sponsor and canceling the visa . The visa of your dependents may not be held if you wish to cancel the previous visa, given that they follow the sponsor (the resident sponsors his family), 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.

الرد من العميل

Welcome! How can I help with your legal question?I got forced leave during pandemic until now for 5 months it is unpaid leave, before the forced leave the manager told us that if we get a new job without any call from the company to comeback we can accept a new job and cancel our visa. Now I get a new job the salary is bigger and now they don’t want to cancel my visa. They said that im on a limited contract thats why I cannot go. What will I do Sir? They did not also give my last month salary before i got forced leave. I need to provide to my self thats why I accept the job.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, you can file a complaint and prove that you have not received the salary for previous periods before the Labor Office, as it is considered a justification to leave work without notifying the employer and you may be allowed to transfer the sponsorship without the condition of non-objection to work, the labor office can file a complaint in this regard with the inclusion of the claim of late salaries

الرد من العميل

Is it possible that I get my cancellation to them?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Yes, the visa can be canceled with the knowledge of the Labor Office

الرد من العميل

Thank you so much Sir

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We are always happy to contact you in the legal department

الرد من العميل

Good day Sir! I just want to ask, if my previous company in dubai put ban on me, is it only in dubai I can’t work or the whole UAE? Thank you

الرد من العميل

Good day Sir! I just want to ask, if my previous company in dubai put ban on me, is it only in dubai I can’t work or the whole UAE? Thank you

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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