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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27220 | نسبة الرضا 98.6%

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If a company put a worker abscond and the company...

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If a company put a worker abscond and the company is holding the worker's passport what will the worker do if he or she wants to leave the country?

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إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27220 | نسبة الرضا 98.6%

companies or businessmen shall not keep the passports of the workers as these passports belong to the country which issued it and no one can keep it but the owner. If any employer hold the passport, then the worker can file a complaint against the employer which will result in forcing the employer to return the passport to the worker, imposing a fine, and stop the services by the ministry of human resources and nationality.

إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27220 | نسبة الرضا 98.6%

We would like to inform you that you can submit an application for cancellation of the absconding notification to the competent labor department, because the absconding notification does not has all the conditions for the escape notification.
 This is in accordance with Ministerial Decree No. 721 of 2006 on canceling escape reports

 Article 4

 The competent employee shall ascertain his responsibility and make sure when considering the application for registration of the escape notification or when considering its cancellation of the availability of the conditions of the escape notification in general and that it is not permissible in particular to record the escape notification in the following cases: 1 - If the worker to be reported has a complaint or labor case under consideration  Before the ministry or the competent court.  
2. If the worker is on sick leave, maternity leave, periodic leave or absent for another legitimate reason and has not been for seven consecutive days since the expiry of the leave or lawful absence.  
3 - If the establishment knows the whereabouts of the worker and the competent employee believes that he can be summoned and attend to the Ministry without control.  
4. If the worker does not interrupt seven consecutive days of work or fails to meet the conditions set forth in Article 1 of this resolution.  
5. If the employment relationship ends for any reason and has not elapsed for three months or more since its termination, whether the worker has a labor complaint or action pending before the Ministry or the competent court.  
6. If the interruption occurs as a result of force majeure or a necessary necessity, the worker shall not be able to inform the employer either immediately after the end of the leave or while the worker is at work. 
 7. If the communication is fictitious in accordance with article XII of the present resolution.  
8. If the communication is malicious in accordance with article 12 of the present resolution.  
9. In any other case, if the competent official is not convinced of the justifications for the request, he shall submit the matter to the Director of the Department or the Office and order the written instructions.

إسأل Attorney

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27220 | نسبة الرضا 98.6%

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