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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Dear Madam, I hope this message finds you well.I...

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Dear Madam, I hope this message finds you well.I need your advice. I have filed a labor case in Dubai court for non payment of my end of service benefits and company did not appear in last two hearings and on 30th of Nov 21, court will give judgement. If company go to appeal, still can I cancel my labor card and visa on the basis of court judgement of first instance or should I need to wait for appeal court judgement. Last four and half months, I am without any job and difficult to survive without any source of income. Company's intention​ is to delay the case so I come under financial pressure and withdraw a case.Secondly, there was an offer from new company but as per their outsourced PRO agents, without cancelling visa, I can not get even temporary work permit for 6 months till the case is going on. What I come to know is that it is possible​ and once case is dissolved, then we can cancel this temporary work permit and get regular 2 years visa.I will really appreciate your response.Thanking you,Dipak Shah050 4308498--Sent from Samsung​ ​ ​

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

 Please kindly note that, according to the data provided to us in your inquiry, and with reference to the federal law, in the event of a labor lawsuit related to the end of service compensation, with the presence of an appeal and the employer’s non-attendance at court sessions, this does not mean prolonging the litigation period and therefore, if it is proven that the employer announced and did not attend Obtaining the judgment of appeal
 
It is also possible to go to the labor office with the existence of the preliminary ruling in favor of the work, to request the cancellation of the work card due to the presence of a previous complaint before it, and to obtain a decision to cancel so that it can change the work and transfer the sponsorship. The court abolished the legal department from the lawyer and expedited the procedures

الرد من العميل

Thanks for your reply but could you please elaborate it in details.1. Is judgement of Dubai court of first instance is suffice to cancel my visa or do I need to wait for judgement of appeal court if company prefers to take the recourse of appeal court?2. Should I get temporary work permit as without court judgement , labor dept will not cancel labor card and subsequently visa cancellation by residency dept. 3 . Is your subscription is renewed on 24 hrs basis or by midnight. If I subscribe today at 15.00 hrs. will charges deducted 1500 hrs tomorrow or by today midnight at 1200 .I have not received any email answer. Only by SMS I got reply link.Awaits your response. Thanks

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, the judgment issued by the court must include the request to cancel the visa. If it does not include that, the court does not rule it out of itself.
To request the cancellation of the work card and to allow you to change work, transfer sponsorship without waiting and obtain residence, in addition to receiving all your labor rights

الرد من العميل

Is by default, court will include the instruction to cancel visa or should we request again the court to cancel visa after getting the judgement or we should request now to the court before judgement comes so same instruction will be included by the court in coming judgement which is expected on 30.11.21 ?Point no. 3 on subscription is unanswered.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, the court does not order the cancellation of the visa on its own, and as long as the matter is not included in the case, so it is possible to request an amendment to the case from the court for the purpose of including the request to cancel the visa, and before the issuance of the ruling in it, because if the judgment is issued, it is not possible to ask the court to cancel the visa, but you can go to the labor office and request the cancellation, as was done Clarification to you in the previous answer

الرد من العميل

Dear Sir, I have sent few queries on email I'd info@ jawabkom.com. I kindly request you to go through it and please reply. My registered mobile no 056 1644072 and name Dipak Shah are mentioned on subject line. Thanks

الرد من العميل

Dear Sir, Could you please advise on below queries each point-wise? Here below are my basic data:1. Unlimited Contract2. Joined date 09 Sept 2011 (As per labor contract)3. Termination Letter Date 29th June 20214. Gross salary 12,000 pm as per Labor Contract (Basic 3,600, HRA 4,800, Transport Allowance 600, Cost of living allowance 2,400, Other allowance 600)5. One Month Notice as per labor contract6. Designation: Accounts Manager7. Sole Establishment status, private company in mainland Dubai. 8. Terminated after service period of 9 years 11 months by giving the reason “Your employment with the company is being terminated in accordance with the terms of your employment agreement dated 11-Sep-2011, you are contractually entitled to one (1) month notice and your last day of the employment with the company will be 29th August 2021. The reason for the termination is a result of the ongoing economic crisis due to Covid-19 and required operational restructure, and as such, your position has been identified as being redundant and no longer required. You will be required to attend the office for a period of a maximum three (3 ) working days, to close off pending work and undertake a full handover, after which you will be on garden leave and therefore, not be required to attend the office for the remainder of your notice period, up to the Termination Date.Here below are my queries: Actually, notice period of one month got over on 29thJuly 2021 as per termination letter and as per labor contract but by mistake, company have mentioned month as one correctly but last date mentioned wrongly as 29th August 2021 in the termination letter instead of 29th July 2021. Am I entitled legally for notice pay of August 21 due to wrong date mentioned as 29th August 2021 instead of 29th July 2021?). Should I entitle for 3 months termination salary due to arbitrarily dismissal?I have claimed salary difference for the period April 2020 till July 2021 (88k for 16 months’ salary difference) which they have deducted due to Covid-19 situation. As per company, I have signed the Annex for temporary salary reduction but they have not sent me the signed copy in spite of my email requests. Secondly, company has not submitted this annex to MOHRE which is the mandatory requirements. Even if company has signed annex copy of mine but not submitted to the MOHRE, am I entitled for salary difference? Company has already recruited new person in my place but in termination letter, company has mentioned that my position is no longer required in the company. On this basis also we can claim 3 months termination salary, Is it? Should I entitled House Rent Allowance of 4,800 ( As per labor contract ) every month till my stay in UAE as I do not have any jobs.?Am I entitled for Lawyer fees reimbursement?Am I entitled for Translation and other actual cost related to legal case?Am I entitled for Court Fees which I have paid to the court?Am I entitled for interest if company delays my payments? Regards Dipak Shah

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, as explained previously, it is considered unfair dismissal, and you must file a complaint before the labor office, claim compensation and reward for the years of service, and claim any wages that have been unlawfully deducted, in addition to any entitlements and rights stipulated in the employment contract. The employer is obliged to pay, and if it is not possible, it is possible to resort to the labor court and file a labor lawsuit and claim all rights with compensation as stated in your inquiry and in accordance with the law

الرد من العميل

Thanks for your reply.1.Could you please advice whether should I entitled for HRA for the period I remained jobless and till the court verdict comes? 2. Am I entitled for all my lawyer fees and actual cost for the legal case?3. Am I entitled for court fees reimbursement?4. Am I entitled for interest if employer delays the payment?5. Once the court verdict comes, can we file execution order immediately? 6. What about notice pay for Aug 21 which company has did a mistake in writing date? As per labor contract, I am entitled for one month salary I.e. July 21 but for their mistake in writing last date of notice period, am I entitled for Aug 21 notice pay?7. Is MOHRE submission by company is mandatory for any reduction in salary due to covid 19 or our consent on MOHRE application form is suffice and no need to inform MOHRE about employees salary reduction? I really appreciate your individual and specific response on above 1 to 7 pointsThanks

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, as explained previously, it is considered unfair dismissal, and you must file a complaint before the labor office, claim compensation and reward for the years of service, and claim any wages that have been unlawfully deducted, in addition to any entitlements and rights stipulated in the employment contract. The employer is obliged to pay, and if it is not possible, it is possible to resort to the labor court and file a labor lawsuit and claim all rights with compensation as stated in your inquiry and in accordance with the law

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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