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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi im asking about wat should i do to complain ...

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Hi im asking about wat should i do to complain about my employeror do i have a rights to complain him and get my passport and without pines...coz i came to my employer that was sept 10 2018 , im working them in 10 mons im always asking about my emirates id but they said sometimes morethan a year before i take that then after 10 mons my employer sister and her sister in law they make me an isue at that time they dont have any evidence after 3 days my employers wife she want me to lock the door and she said no eat ever im too much afraid that time and im thinking maybe she can do morethan that so i scape then after i saw my papers that was expired november 30 2018 and i see my pines is 504 days overstay means my employer didnt do my papers am i right...now i want to know wat should i do and i want to take my passport to them coz i want to work legally here in UAE.... thank u and i hope u help me about this matters

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that if you are an expat and have a residence with work visa in UAE and the employer took your passport , according to the law, the employer doesn’t have the right to take your passport. If they took it then you can ask them to return it, if they refuse then you can file a complaint in the nearest police office and you can take copy of the complaint to the labor office to clarify the violation by the employer. As the law allows the governmental entities with legal reason otherwise it considered legal violation but the private companies are not allowed to take the passport.
If you mean the compensation required to be paid to the employer once the work is completed and before the term of the contract is completed here and according to the text of Article (116) of the Federal Labor Law, the article states:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
So if you want to terminate the contract then you will be forced to pay the visa expenses, then the sponsor will ban you and you will be forced to leave the country. It is preferable to settle amicably with the work and the consortium to pay a specific amount as compensation for this employer

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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