Questions & Answers

Ask a lawyer
All cities, UAE

العواقب المترتبة على العمل دون الحصول على إقامة أو تصريح عمل

لقد عملت لدى صاحب عمل لمدة 22 يومًا والآن يخبرني أنه لا يرغب في خدماتي. لم يُصدر لي تأشيرة عمل وليس لدي سوى خطاب عرض عمل منه.

لقد تواجدت في مواقع العمل وقمت بإنجاز الأعمال لكنه يقول إنه لا يحتاجني وقد طردني من الشركة، وهو كذلك يرفض دفع أية مستحقات تخصني.

لقد تم إلغاء التأشيرة الخاصة بي حاليًا بواسطة صاحب العمل السابق وأنا حاليًا في مهلة الثلاثين يومًا. تأشيرة زوجتي معلقة في دائرة الهجرة ولا أعرف ماذا أفعل. 

أريد الحصول على المال مقابل العمل الذي أنجزته خلال الـ 22 يومًا الماضية.

يُرجى تقديم المشورة 

Premium
Elnaggar & Partners
Chat Hire
Meet
25 Apr 2019, 08:32

Dear Questioner,

Kindly note that in order for you to understand your legal situation, you have to understand your rights as per the UAE Labor law and as per the local regulations set by the Immigration Authorities in the country where you are living and working.

As per the UAE Labor law, you as a worker get the legal protection drawn by the legislators who draft the laws when you have an employment contract duly signed between you and your employer.

This contract must be recorded with and attested by the authority in charge of regulating your employment relationship whether it is the free zone authority or Ministry of Human Resources and Emiratization in other cases.

And lastly when your work and residency permit is issued and stamped into your original passport by the Immigration Authority in the Emirate where the Employer company is registered.

Before the accomplishment of all the aforementioned steps, your employment relationship with your employer is not to be considered as a valid or running one.

This means you are not recognized by the law as an employee and working for the 22 days that you mentioned in your question is deemed as working without a valid permit.

This is a violation of the local laws that have been done - equally - by yourself and by the employer.

You might have an offer letter that is signed by both parties. however, the enforceability of such offer letter is very weak and even if the Labor Court accepted your claim as per the offer letter to study the employment case, your legal costs will probably exceed the value of the 22 days of work worth of money.

It is something to take care of for your next employment relationship. You should make sure that you start working with your employer after getting the Employment Visa issued and being granted the work permit.

Best regards,

Ahmed Elnaggar

Elnaggar Legal Advisors Limited

ae@elnaggarlegal.com

www.elnaggarlegal.com

Fixed-fee services
2 2 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer