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Unpaid for six months: no employment or residence visa – what's my next move?

Dear Lawyers,

My employer did not provide an employment visa. My visit visa status was changed to employment, and the expiry date was 27-10-2023.

I am still working, but my employer has not provided a residence visa, and I have not received my employer for six months.

What should I do? This is my first time working in the UAE.

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 10:59

Dear client,

If you find yourself in a situation where your employer has not provided an employment visa, changed your visit visa status to employment but failed to provide a residence visa, and withheld your six-month salary, it is essential to take immediate action as a first-time worker in the UAE.

Firstly, contact the Ministry of Human Resources and Emiratisation (MOHRE) to report the violation.

MOHRE is responsible for enforcing labor laws and protecting workers’ rights in the UAE. You can file a complaint through their website or visit their office in person.

Provide all necessary details about your employment contract, salary issues, and lack of a residence visa.

Secondly, seek assistance from the embassy or consulate of your home country. They can provide guidance on labor laws and offer support during disputes with employers.

Some embassies have dedicated helplines or hotlines for workers facing similar issues.

Thirdly, consider filing a complaint with the Dubai Labor Court. If negotiations with your employer fail, you may need to pursue legal action.

The Dubai Labor Court handles labor disputes related to unpaid wages, termination of employment contracts without valid reasons, and other labor-related issues.

However, be aware that legal proceedings can be lengthy and costly.

Fourthly, consider alternative sources of income. If you are unable to work due to the lack of a residence visa or if your employer continues to withhold your salary, you may need to explore alternative sources of income while seeking resolution through legal channels or other means.

This could include freelance work or starting a small business.

Lastly, maintain records of all communications between you and your employer regarding salary payments and residence visa applications.

These records will be crucial during any legal proceedings or negotiations with your employer.

Keep copies of all relevant documents such as employment contracts, pay stubs, and communication records.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 11:04

Greetings,

The employer's obligations include a work visa and residence permit. Do not work illegally.

Have you signed an employment contract? If yes, ask the employer to regularize your situation and pay you your wages. If he refuses, file a complaint with the Ministry of Human Resources.

For further inquiries about your topic, you can reach our office or contact us on WhatsApp at [-----].

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 11:27

Hello,

You can file a complaint with the MOHRE against the employer for not providing a visa.

Regarding unpaid salary, try to communicate with the employer directly and explain that you haven't received your salary and you are concerned about the lack of a visa.

If it is not possible to resolve the issue with the employer, you can file a complaint with the MOHRE itself.

For further clarification, kindly share your WhatsApp number.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
13 Jun 2024, 04:06

Hello dear,

You must file a complaint with the Ministry of Human Resources and Emiratisation to solve your problem. There is a special service regarding non-payment of salaries called (My Salary Complaint).

It is a confidential complaint submitted by the worker to report the establishment’s failure to pay wages without notifying the employer as the complainant (confidential complaint).

Jasim Al Haddad Law Firm

Legal Counsel and Consultations

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