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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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Hi I'm Amir karki my visa starts is cancelled but...
Hi I'm Amir karki my visa starts is cancelled but I'm already from another company singing MOL but now I have to leave this country and I need to back nepal also already finish my this company giving 59 days so how can I go nepal
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I should go back home but I don't have any idea and I don't know also where I have to go for my help
إجابة الخبير: 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, the sponsor can force the worker to leave the country according to the below articles:
Article 131
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service. Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
Article 131 (repeated 1)
1. For the purpose of the preceding Article, the worker’s “repatriation expenses” refers to the value of his travel ticket as well as the travel expenses of his family and the cost of shipping of his personal effects, as stipulated in the Labour contract or the firm’s policies.
2. A worker who is provided with accommodation by his employer shall vacate it within thirty days from the date of termination of his service.
3. The worker shall not overstay in the accommodation beyond the specified period for any reason, provided, however, that the employer pays the worker the following:
• the expenses specified in paragraph 1 of this Article.
• severance pay and any other entitlements the employee is bound to pay in accordance with the employment contract, the firm’s policies, or the law.
4. if the worker contests the amount of the expenses and entitlements referred to above, the Labour Department concerned shall urgently determine these expenses and entitlements within a week from notification, and shall promptly inform the worker accordingly.
5. In this case, the thirty-day grace period referred to in paragraph 2 of this Article shall be calculated to run from the date on which the employer deposits the value of the expenses and entitlements, as determined by the Labour Departments concerned, with the Ministry of Labour’s treasury. If the worker does not vacate the accommodation within the said thirty-day period, the Labour Department, with the assistance of the authorities concerned in the Emirate, shall take the necessary administrative measures for eviction.
6. The provisions of this Article shall not prejudice the worker’s right to contest its application before the competent court.
Article 131 (repeated 2)
1. Employer shall submit to the competent labour department a bank guarantee whose type, value, submission procedures, firms and companies to whom it is applicable, and other relevant terms shall be specified in a Council of Ministers’ resolution. This guarantee shall be used to ensure optimum fulfillment of employer’s obligations provided for under Articles 131 and 131 (repeated), of this Law.
2. Deduction of any amount from the bank guarantee referred to in paragraph 1 hereof shall be based on a court judgment, with the exception of the following:
• Cost of a worker’s repatriation to his country of origin or the point agreed upon with the employer.
• The amounts that the employer admits before the competent labour court that they are due to the worker.
In these two cases, the Ministry reserves the right to deduct such entitlements from the guarantee referred to in paragraph 1 hereof and pay to the worker in fulfillment of his established dues.
Therefore, we advise you to settle with the employer and cancel the visa and get NOC to transfer the sponsorship and change the employer.
Article 131
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service. Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
Article 131 (repeated 1)
1. For the purpose of the preceding Article, the worker’s “repatriation expenses” refers to the value of his travel ticket as well as the travel expenses of his family and the cost of shipping of his personal effects, as stipulated in the Labour contract or the firm’s policies.
2. A worker who is provided with accommodation by his employer shall vacate it within thirty days from the date of termination of his service.
3. The worker shall not overstay in the accommodation beyond the specified period for any reason, provided, however, that the employer pays the worker the following:
• the expenses specified in paragraph 1 of this Article.
• severance pay and any other entitlements the employee is bound to pay in accordance with the employment contract, the firm’s policies, or the law.
4. if the worker contests the amount of the expenses and entitlements referred to above, the Labour Department concerned shall urgently determine these expenses and entitlements within a week from notification, and shall promptly inform the worker accordingly.
5. In this case, the thirty-day grace period referred to in paragraph 2 of this Article shall be calculated to run from the date on which the employer deposits the value of the expenses and entitlements, as determined by the Labour Departments concerned, with the Ministry of Labour’s treasury. If the worker does not vacate the accommodation within the said thirty-day period, the Labour Department, with the assistance of the authorities concerned in the Emirate, shall take the necessary administrative measures for eviction.
6. The provisions of this Article shall not prejudice the worker’s right to contest its application before the competent court.
Article 131 (repeated 2)
1. Employer shall submit to the competent labour department a bank guarantee whose type, value, submission procedures, firms and companies to whom it is applicable, and other relevant terms shall be specified in a Council of Ministers’ resolution. This guarantee shall be used to ensure optimum fulfillment of employer’s obligations provided for under Articles 131 and 131 (repeated), of this Law.
2. Deduction of any amount from the bank guarantee referred to in paragraph 1 hereof shall be based on a court judgment, with the exception of the following:
• Cost of a worker’s repatriation to his country of origin or the point agreed upon with the employer.
• The amounts that the employer admits before the competent labour court that they are due to the worker.
In these two cases, the Ministry reserves the right to deduct such entitlements from the guarantee referred to in paragraph 1 hereof and pay to the worker in fulfillment of his established dues.
Therefore, we advise you to settle with the employer and cancel the visa and get NOC to transfer the sponsorship and change the employer.
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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