أسئلة وأجوبة
How can I claim my unpaid salaries if my visa is about to expire and the employer did not pay?
My company has held almost 5 to 6 months of my salary. On 16 May, my contract expired and the company refused to pay me my salary.
I asked them for an update as I didn't travel to work due to lack of funds. There was no reply for 2 days and on the 3rd day, I decided to resign.
They accepted my resignation after 2 days. The next day, I completed my handover process and since then I have been following up with them by visiting the company and by email.
They have not provided me with the final settlement details yet with all this happening while I am in my grace period. I filed a complaint with the Ministry of Labor.
The Ministry representative contacted the finance manager and they told him that the owner was out of the country.
Once my grace period is over, who will pay the overstaying charges?
I have not signed the cancellation and I have to stay back so that I can get all my pending salaries and EOS.
Please help
You may keep following up with the MoL and provide any updates or documentation they request.
Technically, your employer is responsible for your visa cancellation and any associated overstay fines until your dues are settled.
This is because they haven't initiated the cancellation process.
Clearly communicate to the MoL that you're willing to cooperate with the visa cancellation process once your salary and final settlement are received.
If you need further clarification you may ask
Dear Questioner,
You must continue the procedures and file a case against the company within 14 days of submitting the complaint.
You can sign the residency cancellation as the court does not consider your declaration of having received the dues contained therein.
A lawyer can be appointed to follow up on the matter before the court. Contact us; we specialize in labor cases and offer free legal advice that includes all the details.
Dr. Mohamed Allam
Dear Questioner,
From the details provided, it is clear that you have faced issues with your employer regarding the payment of your salary after your contract expired.
You have resigned, completed the handover process, and are awaiting your final settlement details. You have also filed a complaint with the Ministry of Labor.
- Legal Implications:
In this situation, it is essential to understand the legal implications and rights you have as an employee in such circumstances. Labor laws govern employment contracts, salary payments, and end-of-service benefits (EOS).
- Grace Period and Overstaying Charges:
Grace Period: The grace period typically refers to the period after your contract has ended but before you officially leave the company or country. During this time, you may still be entitled to certain benefits or payments as per your employment contract or local labor laws.
Once your grace period is over, responsibility for any overstaying charges would typically fall on you as an individual staying beyond the authorized period unless there are extenuating circumstances or legal provisions that address this specific situation.
Overstaying Charges: Overstaying charges usually apply when an individual remains in a country beyond their authorized period of stay. In this case, if you are staying back in the country waiting for your pending salaries and EOS, there might be concerns about potential overstaying charges once your grace period expires.
- Resolution Steps:
Ministry of Labor Complaint: Filing a complaint with the Ministry of Labor was a proactive step to address the issue formally. The involvement of the Ministry can help facilitate communication between you and your employer to resolve the matter.
Communication with Employer: Continue following up with your employer through email or in-person visits to request updates on your final settlement details. It is crucial to maintain documentation of all communications for future reference.
Legal Advice: Consider seeking legal advice from a labor lawyer or legal advisor who specializes in employment law. They can provide guidance on your rights, options for recourse, and potential steps to take if the situation remains unresolved.
Given that you are awaiting resolution on your pending salaries and EOS, it is important to stay informed about any developments from both your employer and the Ministry of Labor.
Keep track of deadlines, seek legal counsel if needed, and ensure that you are aware of any potential consequences related to overstaying charges once your grace period ends.
