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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Am a domestic worker in Dubai,I were put to...

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Am a domestic worker in Dubai,I were put to abscond after I left the agency because I were totally ill and I needed further medication which was not provided at the agency.I have evidence with hospital report but the report was made in January,I have just got totally healed and I went back to claim for the withdrawal of abscond but the agency insists that I should be deported with a worker ban of one year,what should I do?

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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 your absconding is illegal and the employer can submit the report against you, which entails preventing you from working in the state, and referring to the law, it gave you the right to go to the Ministry of Labor and submit the complaint according to what mentioned in your inquiry. So we advise you to go back to the employer and then you can take legal action in the event there was a violation from the sponsor as article 21 stipulates that:
Article 21
1- Where a dispute occurs between one or more employers and all or a certain group of their workers, which the parties fail to settle amicably, they should refer to the ministry of labour.
2- The Ministry shall take whatever it deems appropriate to settle the dispute amicably within two weeks in accordance with the procedures stipulated in the executive regulations of this law.
3- The case shall not be accepted before the competent court before following the procedures provided for in this law and its executive regulations.
Article (23):
1. Any party to the contract of employment shall be dissolved by the individual will if the other party breaches its obligations stipulated in 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 equivalent to one month's comprehensive pay, other damages may be adjudicated by the Court.
3. If the termination of the contract by the worker and due to him after the trial period, the worker shall bear the expenses of his return to his country, in addition to payment of compensation to the employer equivalent to the comprehensive wage for one month and any other entitlements to the employer in respect of the worker and any other damages that may be decided 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.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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