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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
what should i do, previous employer hold my...
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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.
الرد من العميل
Dear sir, thanks
الرد من العميل
i think my previous employer based to the below;In furtherance, it is presumed that the employer (the sponsor) and the employee are subject to the provisions of Ministerial Resolution No. (52) of 1989 on the rules and procedures to be adopted at the work permits sections with respect to the recruitment of non-national employees for the employment in UAE (the 'Ministerial Resolution No. 52 of 1989') and Ministerial Resolution No. (721) of 2006 on Escape Reports Procedures (the 'Ministerial Resolution No. 721 of 2006').Pursuant to your query, note that an employee whose resident visa has been revoked or has expired must leave the UAE. This is in accordance with Article 19 of the Federal Residency Law, which states:"Foreigners who have obtained residence licence shall be subject to the provisions of Article (11) herein. They must leave the country upon the revocation of their residence permit or the expiration of its term."It may be further noted that that an employer is under an obligation to repatriate an employee from where the employee was recruited at the end of the employee's employment contract. This is in accordance with Article 6 (d) of Ministerial Resolution No. 52 of 1989, which states:"An undertaking from the employer to the effect that he shall send back the recruited employee to the country where he was recruited upon the completion of this job and upon the cancellation of his sponsorship and the handing back of the employee card provided same shall be valid."Therefore, in the event the employee's employment contract is terminated, the employer is under an obligation to ensure that the terminated employee is repatriated to his home country. However, if the employee refuses to be repatriated to his home country by absconding and the employer fails to lodge a complaint against the employee for absconding, the employer may be penalised if the employee is found overstaying in the UAE despite the termination of his employment contract and the cancellation of his residence visa. This is in accordance with Article 34 (1) of the Federal Residency Law, which states:"A fine of Dh50,000 shall be imposed on anyone who has used or accommodated a foreigner in violation of the provisions of this law. The penalty shall be imprisonment and a fine of Dh50,000 in case of return to the same act."Therefore, in pursuance of the aforementioned provisions, the employer is liable to report an absconding employee by lodging a complaint against the employee. Further, the lodging of the complaint may result in an escape report being issued against the employee. This is in accordance with Article 1 of Ministerial Resolution No. 721 of 2006, which states:"An escape report is applied on the case of the employee who has stopped working for more than seven consecutive days if the employer pledged that he does not know his whereabouts or has a legitimate reason for his absence in accordance with the provisions of this Ministerial Resolution."It may be noted that an employer has the right to lodge an escape report against a terminated employee who refuses to be repatriated to his home country. The employer may lodge a complaint with the Ministry of Human Resources and Emiritsation (Mohre). Thereafter, based on the instructions issued by the Mohre, the employer may submit the escape report issued by the Mohre to the General Directorate of Residency and Foreigners Affairs in the emirate wherein the employee's residence visa was issued.Know the lawAn escape report is applied on the case of the employee who has stopped working for more than seven consecutive days if the employer pledged that he does not know his whereabouts or has a legitimate reason for his absence
الرد من العميل
their assumed that i have to leave uae because already cancel my visa, that is why maybe they hold my salary, but actually i still have 27 day before exit for me to find another employer,I think my right to get another employer, right?so can i againts them without any evidence new sponsor? because my evisa still in process by new employer,Appreciate your advise
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
Thank you very much sir, it is clear now what should i do. thanks again..appreciate your respons
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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