إسأل Attorney الآن

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Lawyer

Hello sir, how are you. Do a company has the right...

تم تقييم هذه الإجابة:
Hello sir, how are you. Do a company has the right to hold on visit visa till it go overstay and the tell you that the don't want you anymore because it is overstay.

إطرح سؤالك

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%


Welcome, and thank you for trusting us
According to the given facts and for clarification purposes, we would like to explain to you,
Passport is a personal documents for its holder (Owner) and it is an ownership of the country that issued the passport. It is not allowed by law to confiscate the passport of the worker, unless in cases that the law stipulated on or by judicial rulings.
There are rulings stated by the ministry of interior which prevents the sponsor from holding the worker's passport except with a judicial rulings.
We advise to file an immediate case in front of the judge of urgent matters with a request of obligating the company to hand over the worker's passport. The company has no right to hold the passport because it is prevented by law and it is considered an arbitrary action.
Knowing that, according to the laws of the country, the passport is a document belongs to its holder and it is not allowed to dispossess it from him/her. This is what was assured by the regulations of discrimination which provides for " It is not a;;owed to hold the worker's passport and deprive him/her from travelling and moving whatever the relation is. Confiscating the passport is an action of preventing the person from travelling, which is controlled by the law's regulations.
Article 329 of the code of civil procedure, which stipulated on the cases in which it is allowed to prevent someone from travelling. Moreover, you have the right to claim your passport by a request to the judge who specializes in retracting the passports from employers, as the order of handing over the passport comes as obligatory
As for you coming by a work visa and your employer does not want to make you a residence and end your services before six months of the end of the contract, then the employer has the right to terminate the contract during the first six months of the work without giving a notice period. This is the period which is stated by the law (probation period), according to the article 37 of the federal labor law

الرد من العميل

Since the day I enter to the uae the hold both my passport and my visit visa and now it is overstay and the don't want to pay

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%


As soon as your residence visa expires in UAE, the sponsor has to make it quick to the renewal of residence his / her sponsored / employees within the time-limit for renewing visas, so that to avoid any imposed fines or legal consequences.
According to the law, the general directorate of residence and foreign affairs (GDRFA) grants a 30-day as a grace period to stay legally in the UAE after the expiry of the residence visa.
According to the fines system in the ministry of the interior in the UAE, the fine for overstaying in the country after the expiry of the grace period:
25 AED per day during the first six months (180 days)
50 AED per day during the next six months
100 AED per day after more than a year.

إسأل Attorney

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار