Filing a case against an employer for failing to process employment visa

Working on a visit visa

It is illegal for an individual to work without a valid employment contract/ visa approved by the Ministry of Human Resources & Emiratisation ("Ministry of Labour") or the concerned Free Zone Authority.

Employing or getting employed in the UAE without valid employment contract/ visa is a criminal offence in accordance with Article 11 of the Federal Law No. 6 of 1973 Concerning Immigration and Residence, which states:

"The expatriate who obtains a visit visa may not work anywhere in the country with or without pay or for his own".

The person who takes up employment on a visit visa is equally guilty as any entity employing a person who is in the UAE on a visit visa.

Penalty: the potential sanctions under the Immigration Law are the same, save for the potential length of imprisonment which is for a period ‘not exceeding one month’.

However, there remains scope for the authorities to impose a greater sentence given that the Labour Law also makes provision for an imprisonment of up to 6 months.

Offer letter

According to the new UAE labour law, the employer has to present a standard offer letter, (which needs to be signed by the employee), to the Ministry of Labour UAE (MOL) in order to apply for an entry permit for the employment visa.

You may have a valid claim against the employer that offered you employment and later revoked the same.

Normally, all cases pertaining to employment are submitted to the UAE Labour Department, however, since you still do not have a MOL contract, it may be difficult but still, you can try to submit a complaint before Ministry of Labor IN PERSON.

Alternatively, you can file a case before the UAE court for breach of the offer letter. You must keep in mind that an offer of employment may be treated as a contract IF both the employer and the employee have duly signed the same.

Since you have already returned to Pakistan it appears to be a difficult task.