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A housemaid wants to return to her country, but her sponsor refuses. What to do?

Dear Sir/Madam,

My female relative has been recruited as a housemaid in Ras Al Khaimah. Her passport and Emirates ID have been held by her sponsor.

She is saying that she isn't fit for this work physically and mentally and needs to be relieved. However, the sponsor is not allowing her to return to her country.

What should she or I do for her return?

متميز
ليكس ريسولفو للاستشارات
دردشة توظيف
اجتماع
4 May 2024, 14:33

Dear Questioner,

Your relative should contact the police, as holding the passport by the sponsor is against the law. In all cases, she can resign if there is an employment contract, but she must abide by its terms.

We can assist with the process. You can contact us through WhatsApp for assistance.

Is she still at her job?

4 May 2024, 14:41

Yes, she is still at her job, but she can't go to the police station as it is in a tough zone.

Is it possible for a third party to register a complaint with the police on her behalf regarding her situation?

4 May 2024, 14:46

Yes, we can assist.

Please contact us through WhatsApp. Does she or he stay with the sponsor in the same home?

حسين محمد الحوسني للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
5 May 2024, 11:24

Dear Questioner,

According to UAE law, it is illegal for an employer to hold an employee's passport or Emirates ID. This is considered a form of forced labor and is punishable by law.

Your relative has the right to request for their passport and Emirates ID to be returned to them.

If the employer refuses to return the documents or allow your relative to leave the country, you can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE) or the police.

They will investigate the matter and take necessary action to ensure your relative's rights are protected.

It is also important to note that if your relative's contract has not been terminated, they may need to pay a penalty for breaking the contract.

However, if the employer is not fulfilling their obligations, your relative may be able to terminate the contract without penalty.

It is recommended to seek legal advice from a lawyer or contact the MOHRE for further assistance in this matter.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
6 May 2024, 07:30

Hello,

The law of the United Arab Emirates does not allow the employer to seize the employee’s passport for any reason.

You can file a complaint with the Ministry of Human Resources.

6 May 2024, 07:30

If you need further clarification, please share your WhatsApp number.

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