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Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Lawyer
Hello I'm Sharon from Kenya I was brought to...
Hello I'm Sharon from Kenya I was brought to dubai for work to my surprise it was prostitution work I managed to escape. ..have been looking for a job and I got one but now the problem is the passport cos the person who brought me in this country took it away .. how do I go about it please
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إجابة الخبير: 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
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
Thanks for your response dear .I came with tourist visa . And I was forced to do prostitution which I managed to ran away .This is not a company it's just a friend i know from Kenya. Kindly advise how to go on that
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
We would like to inform you that you must obtain a guarantor and a work contract in order to be able to reside in the UAE legally
إسأل Attorney
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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