إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
I have an inquiry and I would like to advise me...
I have an inquiry and I would like to advise me accordingly My company terminated me and they dont what to pay my salary before presenting my passport to them. They want to keep my passport not util I present to them my air ticket to my country. So the labour wants me to take the claim to court, I'm scared about the court because I dont have money to pay expenses for court. Kindly advise me.Thank you
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إجابة الخبير: 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 the employer took your passport, then the employer doesn't have the right to take it. So you can claim for it, and if they refuse then you can file a complaint with the police and provide a copy of that complaint to the Ministry of Labor to prove the violation.
Note that the law allows the governmental departments that belong to the Ministry of Interior to take the passport, otherwise it is legal violation such as the private sector.
We would like to inform you that referring to the UAE labor law that provided a legal protection for wages in the text of Article (56):
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.
*** With the worker retaining all his rights and end-of-service indemnity, the worker may grant permission to change the work authority without the need for non objection from the sponsor
Article 131
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service. Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
***As for labor cases, they are free of charge and exempt from any state fees
Note that the law allows the governmental departments that belong to the Ministry of Interior to take the passport, otherwise it is legal violation such as the private sector.
We would like to inform you that referring to the UAE labor law that provided a legal protection for wages in the text of Article (56):
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.
*** With the worker retaining all his rights and end-of-service indemnity, the worker may grant permission to change the work authority without the need for non objection from the sponsor
Article 131
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service. Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
***As for labor cases, they are free of charge and exempt from any state fees
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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