أسئلة وأجوبة
I resigned and completed notice period but they refused to cancel my visa to pay training fees. What to do?
Salam,
I resigned from my company but after the notice period was complete, they didn't cancel my visa and filed a complaint claiming training fees.
I didn't get any training from the company. I also filed a labor card cancelation but it was kept on hold due to their pending training claim.
Later, MOHRE gave a final decision and rejected their claim. But I still haven't received an update on my labor card cancelation appeal.
Now, the company has appealed in court against MOHRE's decision on training.
1. What would be the next step in the Labor Judicial Court and normally how many days does the court take to give a final decision?
Can they change the decision?
2. What will happen to my visa cancelation now, can MOHRE still cancel my labor card since a decision has been made or will it be delayed due to a court appeal by the company?
I want my visa cancelation asap. What should I do?
The company has appealed the decision made by the Ministry of Human Resources and Emiratisation (MOHRE) regarding the training fees, the case will now be handled by the Labor Judicial Court.
The Labor Court will review the case, including the company's appeal, the decision made by MOHRE, and any evidence or documents submitted by both parties.
The court will then either uphold MOHRE’s decision or issue a new ruling. The Labor Court in the UAE can take anywhere from a few weeks to a few months to issue a final decision, depending on the complexity of the case and the court’s schedule.
Yes, the Labor Court can overturn or modify MOHRE’s decision. While MOHRE's decision is binding in many cases, the court has the authority to review the matter independently and issue a final ruling.
MOHRE can’t finalize the cancellation until the court has made its decision. If the court rules in your favor and upholds the MOHRE decision rejecting the training claim, MOHRE will likely proceed with canceling your labor card and visa.
For further assistance kindly share your Whatsapp number.
Since the Ministry of Human Resources and Emiratisation has issued a final decision rejecting the company’s claims, you are entitled to apply for cancellation of the labor card.
Effect of appeal on cancellation: Usually, the company’s appeal does not affect the final decision of the Ministry, and therefore you can proceed with the labor card cancellation procedures.
Visa cancellation procedures: After canceling the labor card, you can apply to cancel your residence visa.
It is advisable to contact the General Directorate of Residency and Foreigners Affairs in the emirate in which you reside to know the requirements and necessary procedures.
WELCOME,
In the Labor Judicial Court, after the company filed an appeal against MOHRE's decision, it usually takes around 2 to 3 weeks to 2 months for the court to issue a final decision. The court can change the decision if there are legal grounds to do so.
Regarding your visa cancellation, MOHRE can still proceed with the labor card cancellation after the decision is made, unless it is delayed due to the company's court appeal.
To expedite the process, it is advised to follow up with MOHRE or seek legal assistance.
After your former employer appeals to the Labor Judicial Court against MOHRE’s decision, the court will notify both parties, require the submission of evidence, and schedule a hearing where arguments will be presented.
Decisions typically take from a few weeks to several months, with rulings often issued within 30 to 90 days after the hearing.
While your labor card cancellation process should ideally proceed following MOHRE's decision, complications may arise due to the ongoing court appeal, which could delay the process.
It is advisable to follow up with MOHRE about your labor card status and consider consulting a legal expert in UAE labor law to expedite the resolution of your situation while awaiting the court’s decision.