أسئلة وأجوبة
Dubai employer fails to provide visa: can the employee file a complaint?
Hello,
Is there a solution for an employee who signed a two-year contract with a company in Dubai and was promised that the company would provide an employment visa within 30 days?
However, the company failed to do so and did not even inform the employee. As a result, the employee's own visit visa expired, and the employee overstayed for two months and absconded.
The company even took the employee's passport.
The company has now been suspended for an unknown period of time, and the employee has not been paid since the suspension.
How can the employee file a complaint against the employer in this case?
Dear Client,
Thanks for your question! I hope you are doing well. I will definitely assist you in this matter.
To address your situation, you can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) against your employer for failing to provide the promised employment visa and holding your passport.
If MOHRE cannot resolve the issue, consider filing a labor complaint seeking unpaid wages and a passport return.
For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.
We will definitely be happy to help you.
Thanks & Regards,
ABDUL WAHIED
Dear Questioner,
Given:
- The employee signed a two-year contract with a Dubai-based company.
- The company was supposed to provide an employment visa within 30 days but didn't.
- The employee's visit visa expired, resulting in an overstay.
- The company took the employee's passport.
- The company suspended the employee without pay until they provide an employment visa.
Also given that this company is a mainland company. I.e registered in Dubai and not offshore or free zone company.
Applicable Law:
According to Article 54 of the UAE Labor Law (Decree-Law), if there's a dispute between an employer and an employee regarding their rights under the law, the employee can submit a complaint to the Ministry. The Ministry will attempt to settle the dispute amicably. If an amicable settlement is not possible, the Ministry will refer the dispute to a competent court within 14 days.
Moreover, every worker whose complaint is referred to the judiciary shall promptly register his case and change his residency status.
The Minister may issue the necessary resolutions regulating the status of the worker and the establishment after referring the complaint to the judiciary.
Summary:
In your situation, you can file a complaint with the UAE Ministry of Human Resources and Emiratization (MOHRE) or the General Directorate of Residency and Foreigners Affairs (GDRFA) to address the issues you've faced with your employer.
They will aim to settle the dispute amicably. If that's not possible, the matter will be referred to a court within 14 days.
Additionally, when the complaint is referred to the judiciary, the worker should promptly register the case and change their residency status.
Possible changes in residency status could include:
- Changing to a tourist visa to avoid overstaying.
- Changing to a visit visa for more flexibility.
- Starting a business or joining an existing company as a partner could lead to a partner or investor visa.
- Depending on your circumstances, humanitarian considerations might lead to a temporary humanitarian visa.
These changes will depend on your individual situation and long-term plans in the UAE.
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