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How can I cancel my visa to join a new employer if my ex-employer filed a case for training charges?

Hi,

I have filed a complaint (MOHRE) against my company for my pending salary.

To blackmail me my company has also filed a complaint against me claiming I have to pay them training fees (10,000 AED) which are mentioned in the contract. However, I have not received any training from the company.

The issue is I want my visa cancelation as soon as possible because my new employer is waiting for me for so long now. I want guidance on this matter. My employer is deliberately delaying this matter and using the visa cancelation as a tool against me.

My question to respected lawyers is that,

1. What should I do to get my visa cancelation as soon as possible?

2. Can Visa/labor card cancelation be done on my own?

3. If I win my salary claim case. Can I get a labor card/visa cancelation somehow while a complaint is open from my company against me?

Thank you so much for the guidance

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
11 Nov 2024, 04:09

The employer must terminate the visa. You must follow up with the Ministry of Human Resources and Emiratisation.

11 Nov 2024, 04:10

Sir,

Can the Ministry terminate on its own?

11 Nov 2024, 04:16

If you win the case, the employer will be obligated to comply with all requests submitted by you, such as canceling the work card.

You must wait for the final decision on both complaints to obtain the final decision.

You can make a documented settlement with the employer through the Ministry if the settlement is agreed upon.

11 Nov 2024, 04:20

Thank you.

One more thing, what if I win both cases and to delay things further, my employer files a new case?

So will my visa cancelation be further delayed then?

11 Nov 2024, 04:21

Actually, I just wanted to check if there's a possibility that upon completion of my first case, MOHRE or Tasheel can cancel my labor card so that I can join the new company.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
11 Nov 2024, 04:14

Since you've filed a complaint with MOHRE, you should continue to follow up with them regularly.

It's important to keep a record of your communications and request updates. They may be able to mediate and resolve the issue more quickly.

If your employer is delaying the visa cancellation, you can check with the GDRFA, the authority responsible for issuing and canceling visas.

If your company is uncooperative, they may intervene. If your employer refuses to cancel your visa, you can request an NOC from them, which may allow your new employer to proceed with the transfer of your visa without the need for cancellation.

However, this depends on your current employment contract and company policies. No, the visa or labor card cancellation process cannot be done entirely on your own if your employer is unwilling to cooperate.

The cancellation must be initiated by your employer or a representative from the company. If you win the salary claim case, this will strengthen your position, and it could help in resolving the situation.

Winning the case might force your employer to settle the matter, including the visa cancellation.

For further assistance kindly share your Whatsapp number.

11 Nov 2024, 04:25

Sir,

My employer is very cunning. My notice period was over on 13th Oct, they didn't cancel my visa.

I complained on 18th October. MOHRE informed me that my employer had requested time and they would cancel my visa before 31st Oct.

Later on, my employer didn't, so I filed a complaint again on 31st Oct again. Now on 7th Nov, my employer has filed a complaint against me for a false training fee.

Clearly, they are doing it to delay my visa cancelation so that I lose my new job.

What should be the best thing that I can do at the moment?

I want my visa cancellation as soon as possible.

Thanks

11 Nov 2024, 04:27

Kindly share your Whatsapp number for further assistance.

11 Nov 2024, 04:28

Can I share privately?

11 Nov 2024, 04:34

Our team will contact you shortly.

 

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
11 Nov 2024, 05:16

Greetings.

The employer may not claim a training allowance even if it is stipulated in the contract unless there is training outside the company that the employee received and the company paid the training costs, in which case it must present the training invoice.

We are honored to provide you with legal support. For further inquiries about your topic, You can come to our office or contact us on WhatsApp.

11 Nov 2024, 07:09

Thank you for your response.

I just received a message that Alhamdulillah I have won the salary claim. The company has to pay me my pending salary.

Now my main issue is visa cancelation. I called the MOHRE helpline, I was informed that since there is a complaint against me, Tasheel will not process my visa cancelation.

What should I do now?

Is there a way to cancel the labor card through Tasheel or MOHRE in this situation?

Thank you for your guidance

متميز
علوي الجابري للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
11 Nov 2024, 06:22

Yes you can claim at your own on MOHRE.

if you are leaving in probation time period then you need to pay your old employer.

Yes you can get cancellation by your labour.

11 Nov 2024, 06:30

I am leaving after probation. Can I get a visa cancellation from MOHRE?

Also, what is the role of Tasheel?

Can they help me cancel it directly without my employer?

14 Nov 2024, 06:52

Mohre can help you for cancellation

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
11 Nov 2024, 07:04

Hence you filed a complaint already you may maintain regular communication with the Ministry of Human Resources and Emiratization (MOHRE) to track the progress of your complaint and visa cancellation process.

And it's possible to get your visa and labor card canceled even if there's an open complaint against you.

The court will make a decision on the merits of the case, and if you win your salary claim, the court may order the employer to cancel your visa and labor card.

You can make a request to the court to avoid this unnecessary delay on the part of your employer and proceed with visa cancelation.

If you need further clarification, you may ask.

11 Nov 2024, 07:08

Thank you for your response.

I just received a message that Alhamdulillah I have won the salary claim. The company has to pay me my pending salary.

Now my main issue is visa cancelation. I called the MOHRE helpline, I was informed that since there is a complaint against me, Tasheel will not process my visa cancelation.

What should I do now?

Is there a way to cancel the labor card through Tasheel or MOHRE in this situation?

Thank you for your guidance

11 Nov 2024, 07:10

You have to request it from the court to get your visa canceled. You may follow up with MOHRE regarding the complaint.

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