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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi sir good afternoon I have a question If I...

تم تقييم هذه الإجابة:
Hi sir good afternoon I have a question If I have company job offer later And I work here before six month But the Company didn't make my visa still Now i have overstay charge So what can I do next

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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 according to the UAE Labor Law, if you have fines due to the overstay then you can’t be pardoned or install it, but you can try to go to the Immigration and Residence and apply grievance letter to discount, and they may accept or refuse that.
For the overstay fines, the below articles state:
Article 77
The Executive Regulation of Federal Law, stipulating that the competent Naturalization and Residency Department shall collect a fine of 100 AED for each day in which the alien resides illegally. As the penalty shall be calculated from the day following the expiration of the non-renewable visa and the expiration of 10 days for the renewable visas and seven days from the date of issuance of the exit permit for violators of the Aliens Entry and Residence Law.
Note that, the Nationality and Residency consider the 100 AED fine from the first day of expiration of all visa types even visit, transit, entry, tourist and entry permit to visit residents in the GCC.
Article 78
Of the same law stipulates that, except in the cases mentioned in the preceding article, the financial fine obtained by an alien for his illegal residence in the country after the expiration of his/her visa/residence permit, as it shall be calculated as the following:
· (25 AED) on every day of the first six months,
· (50 AED) for each of the next six months.
· (100 AED) for each day next to the year

الرد من العميل

Can you please tell me If these days company try to kick me from here this time can I do something legally action I want to know can uae government support us because this company spend my 3 month and they give me offer later to come work this company and they told me like don't worry we will make your visa like this

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 according to the law, a worker may not be dismissed or dismissed and his work terminated without legal justification otherwise he shall be obliged to pay compensation to the worker for such dismissal but the employer has the right to dismiss the worker in specific cases specified by the text of article (120) of the Labor Law as follows:
Article 120
An employer may dismiss a worker without notice if and only if the worker:
1. Assumes a false identity or nationality or submits forged certificates or documents.
2. Is engaged on probation and is dismissed during or at the end of the probationary period;
3. commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labour department of the incident within 48 hours of his becoming aware of its occurrence;
4. disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
5. defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated;
6. is finally convicted by a competent court of a crime against honour, honesty or public morals
7. reveals any confidential information of his employer;
8. is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
9. assaults the employer, the manager in charge or any of his workmates during working hours; or
10. absents himself from work without a valid reason for more than 20 nonsuccessive days in one single year, or for more than seven successive days.
*** Below this is considered an arbitrary chapter where Article (115) state:
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. That if there is no notice for you.
** In the event of unjustified dismissal, the complaint may be filed before the Labor Office and no payment will be made to the employer

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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