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Am I obliged to sign the visa cancellation letter before receiving my end-of-service benifits (EOSB)?

I joined the company (Media City free zone) on December 4th, 2023, and resigned on February 15th, 2025. We agreed that my last working day would be April 15, 2025, as my contract specifies a two-month notice period.

Yesterday, March 25, 2025, I received an email from the HR department requesting that I sign the visa cancellation letter today or before receiving my end-of-service payment and final salary.

I have researched the DMCC and UAE laws and found that I should not sign any visa cancellation letter until I have received my payment.

I was provided with a final settlement letter from the company yesterday. The amount mentioned is correct; however, the letter includes clauses related to the payment that I do not agree with.

According to my research, and in line with UAE law, there is no legal requirement for employees to sign an internal release or waiver to receive these statutory entitlements.

متميز
محمد بخيت للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
26 Mar 2025, 07:25

Visa and Residence Cancellation: It is illegal to ask you to sign a visa cancellation letter before receiving your benefits.

There are also legal guidelines stating that payment of your end-of-service gratuity or final salary should not be tied to signing a disclaimer or waiver of your rights.

If you have not received your full benefits, you are not obligated to sign any document requesting this.

End-of-Service Gratuity: According to UAE Labor Law, you are entitled to an end-of-service gratuity based on your length of service with the company.

If the company has not yet settled your end-of-service gratuity or final salary, you can legally claim it, and there is no need to sign any document waiving your rights.

Financial Entitlements: If there are clauses in the letter regarding payment that you disagree with, it is best to refuse to sign this letter until any disputes regarding unpaid financial entitlements are resolved.

You can request clarification from Human Resources regarding the amounts stated in the letter. If you disagree, you have the right not to sign the letter until the amounts are properly settled.

Legal Action: If the company continues to refuse to pay your dues or attempts to impose illegal conditions, you may take legal action.

You can contact the Ministry of Human Resources and Emiratisation or the Labour Dispute Settlement Centre to file a complaint against the company if it refuses to settle your dues or attempts to impose illegal conditions.

متميز
رؤية المستقبل للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
26 Mar 2025, 07:41

Dear Inquirer,

Your understanding is correct—under UAE labor laws, an employee should generally receive their final salary and end-of-service benefits before signing the visa cancellation letter.

While companies may request employees to sign a final settlement letter, you are not legally required to sign any clauses that waive your statutory entitlements.

Since your case involves specific terms in your settlement letter and potential legal risks, we recommend reviewing the document carefully before signing.

For tailored legal advice or assistance in protecting your rights, book a consultation or appoint Future Vision for Advocacy and Legal Consultancy today.

Best regards.

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
26 Mar 2025, 09:14

Dear questioner

Yes, you are right. The clearance letters are to be signed once you have recovered the full end-of-service benefits.

If they are compelling you to sign letters before you receive the EOSB, then file a complaint with the freezone authority and take the matter to MOHRE.

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

متميز
دار الحقوق للاستشارات القانونية
دردشة توظيف
اجتماع
26 Mar 2025, 10:18

Dear K.,

Thank you for bringing this matter to our attention.

I understand your concerns regarding the visa cancellation process and final settlement.

Please find below a professional assessment of your situation:

Subject: Visa Cancellation and Final Settlement - Legal Rights and Recommendations

1. Employment Timeline

- Joining Date: December 4, 2023

- Resignation Date: February 15, 2025

- Agreed Last Working Day: April 15, 2025

- Notice Period: Two months (as per contract)

2. Legal Framework

- Your employment falls under the jurisdiction of DMCC (Dubai Multi Commodities Centre) free zone regulations and UAE Federal Labor Law.

3. Visa Cancellation Process

- The employer is required to initiate the visa cancellation process with the relevant authorities.

- You are correct that UAE law does not mandate signing visa cancellation documents before receiving final settlements.

4. Final Settlement

- You have the right to receive your end-of-service benefits and final salary before visa cancellation.

- There is no legal requirement to sign internal releases or waivers to receive statutory entitlements.

5. Recommendations

a) Communicate in writing with your HR department, stating your willingness to sign the visa cancellation letter after receiving your final settlement.

b) Request a revised final settlement letter without the clauses you disagree with, citing UAE labor law provisions.

c) If unresolved, consider seeking guidance from the DMCC Authority or the Ministry of Human Resources and Emiratisation (MOHRE).

6. Post-Cancellation Grace Period

- After visa cancellation, you will have a 28-day grace period to either change your status or exit the country.

Please note that while you have the right to receive your dues before visa cancellation, maintaining professional communication is crucial.

If you require further assistance or face continued challenges, consider seeking legal counsel specializing in UAE labor law.

Should you need any additional information or clarification, please don't hesitate to contact us.

Best regards,

ABDUL WAHIED

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
26 Mar 2025, 10:29

Given the information and the laws governing labor relations in the UAE, you are not legally required to sign the visa cancellation letter before receiving your end-of-service payment and final salary.

It is advisable to politely decline signing any document that you are not comfortable with, especially if it includes clauses that could potentially waive your legal rights to certain benefits.

You should ensure that you receive all your rightful entitlements as per the UAE labor law before proceeding with any documentation related to visa cancellation.

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