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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Good morning madam?I need some advise from you...
Good morning madam?I need some advise from you about my work in my sponsor as a housemaid till now now I not have visa them.And I want to quit already here For more reason .If I have my right to get my passport without any payment for them .Thank and I appreciate you and waiting from your advised.
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Kindly note that, according to the data received by us in your inquiry, and with reference to the Domestic Workers Law in the UAE regarding domestic workers, it should be noted here that if a visa is not obtained and you are not granted residency by your sponsor, you can file a complaint with the Ministry of Labor and Human Resources and submit a complaint. The matter, in detail, as it is considered a legal violation, with the sponsor incurring a fine and a penalty decided by the labor office, and in proof of the complaint, the work can be left without any responsibility on you and without asking you for any sums of money. This is on the part of
**On the other hand, in the event that there is a work contract signed between you and the sponsor, and the residence and visa are not issued for you, which takes sixty days to complete, the matter can also be explained in the complaint before the Ministry of Labor for the purpose of compelling the sponsor to extract the residence permit with the imposition of a penalty on him, and also the work can be left
Article (23)
1. Either party to the contract of employment may dissolve it by unilateral will if the other party breaches its obligations under Articles 15 and 16 of this Law.
2. The employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and because the worker does not return to the worker, the employer will be obliged to provide a ticket for the return of the worker to his country in addition to payment of compensation equal to the comprehensive wage for one month and any other entitlements to the worker in the employer's custody, Other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the period of experience bear the expenses of returning home, in addition to payment of compensation to the employer equivalent to comprehensive pay for one month and any other entitlements to the employer in respect of the worker and any other compensation may be ruled by the court.
4. In all cases of termination of the employment relationship, the Ministry shall have the power to grant the worker a new work permit or not to grant it in accordance with the rules determined in this regard, and taking into account the provisions in force in the State.
** So you can go to the Ministry of Labor and file a complaint against the maid, explain the matter in detail, and request to cancel the visa
***According to UAE law, if you are a resident / expatriate in the UAE, and in respect with the passport holding. First, it is not permissible for the employer to seize your passport. However, in case the passport is held by the employer, you can claim it and if the refusal is rejected, then the complaint can be submitted to the nearest Police Station, and you can submit a copy of the complaint to the Ministry of Labor and here and with the presence of an escape report, the matter requires a settlement with the employer and cancelling the escape report. At any government department affiliated with the Ministry of the Interior with a legal justification for the seizure, otherwise it is considered a legal violation, and this is opposite to employers in the private sector who are prohibited from seizing their workers’ passports
**On the other hand, in the event that there is a work contract signed between you and the sponsor, and the residence and visa are not issued for you, which takes sixty days to complete, the matter can also be explained in the complaint before the Ministry of Labor for the purpose of compelling the sponsor to extract the residence permit with the imposition of a penalty on him, and also the work can be left
Article (23)
1. Either party to the contract of employment may dissolve it by unilateral will if the other party breaches its obligations under Articles 15 and 16 of this Law.
2. The employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and because the worker does not return to the worker, the employer will be obliged to provide a ticket for the return of the worker to his country in addition to payment of compensation equal to the comprehensive wage for one month and any other entitlements to the worker in the employer's custody, Other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the period of experience bear the expenses of returning home, in addition to payment of compensation to the employer equivalent to comprehensive pay for one month and any other entitlements to the employer in respect of the worker and any other compensation may be ruled by the court.
4. In all cases of termination of the employment relationship, the Ministry shall have the power to grant the worker a new work permit or not to grant it in accordance with the rules determined in this regard, and taking into account the provisions in force in the State.
** So you can go to the Ministry of Labor and file a complaint against the maid, explain the matter in detail, and request to cancel the visa
***According to UAE law, if you are a resident / expatriate in the UAE, and in respect with the passport holding. First, it is not permissible for the employer to seize your passport. However, in case the passport is held by the employer, you can claim it and if the refusal is rejected, then the complaint can be submitted to the nearest Police Station, and you can submit a copy of the complaint to the Ministry of Labor and here and with the presence of an escape report, the matter requires a settlement with the employer and cancelling the escape report. At any government department affiliated with the Ministry of the Interior with a legal justification for the seizure, otherwise it is considered a legal violation, and this is opposite to employers in the private sector who are prohibited from seizing their workers’ passports
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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