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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

Lawyer

Dear Sir, I want some information regarding...

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Dear Sir, I want some information regarding termination of employment contract. I was working in a 4 Star hotel in Deira Dubai and In the month of March 14th 2020 they terminate me with the one month notice period but till they didn't cancelled my Visa and they didn't give my graduty. From last 5 months I'm sitting in home and there is no positive response from management.

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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that

Firstly, please note that the employment visa cancellation power lies into the employer's hands since he is the person who has initiated the process of get you engaged and issued your employment visa.

The cancellation had to be submitted to the GDRFA by the employer and the process can be done either online or in their locals

The Ministry of Labour has built up its online site that helps and eases the process of issuing and cancelation of visa.

For your work permit: MOL

For residence permit: Amer - General Directorate of Residency and Foreigners Affairs - Dubai

Certain documents shall be submitted after which the cancellation process will be further preceded.

Concerning the other method, it consists to visit any of the typing offices registered by GDRFA and fill the form on your behalf and will be taken towards the cancellation.

Documents Required for UAE Employment Visa Cancellation

  • Original passport of the sponsored
  • Labour Card (Work Permit) copy
  • Original E-Signature Card of the Authorized Signatory
  • Trade License Copy
  • Labour Establishment Card Copy
  • Immigration Establishment Card Copy
  • Original identity card of the sponsor

The Emirates ID is not required as it gets cancelled too with your visa cancellation.
Once the employment visa is cancelled, the residence visa and Emirates ID will be seized.

Furthermore,
In the event of a limited time contract, an employee who has spent one year or more in continuous service shall be entitled to an end of service gratuity upon the termination of his service. The days of absence from work without pay shall not be included in the calculation of the period of service and the gratuity shall be calculated as follows:

  • If an employee has served for less than 1 year, he is not entitled to any gratuity pay.
  • If an employee has served for more than 1 year but less than 5 years, he is entitled to full gratuity pay based on 21 days' salary for each year of work.
  • If an employee has served more than 5 years, he is entitled to full gratuity of 30 days' salary for each year of work following the first five years.

In all cases, the total gratuity shall not exceed the wage of two years.

Article (26)

  1. A worker who has completed one year or more in continuous service shall be entitled to the end of service gratuity at the end of his service. The days of uninterrupted work shall not be included in the calculation of the period of service. When the contract expires, the bonus account is renewed by renewing the contract.
  2. The worker shall be entitled to a reward for the fractions of the last year in proportion to what he spent in the work provided that he has completed one year of continuous service.

Therefore, you can go to the Ministry of Labor and complain and explain the detail and claim all your labor rights.

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

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

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