Questions & Answers
Consequences of working without residency or work permit
I have worked for an employer for 22 days and now he tells me my services are no longer needed. He has not processed my visa and I only have an offer letter from him.
I have been on sites and done his work but he says he doesn't need me and has thrown me out of the company. He is not ready to pay for anything.
My visa status is currently cancelled from my old employer and I'm on the 30 days period now. My wife's visa is on hold in immigration and I don't know what to do.
I want the money for the work that I have done for the past 22 days.
Kindly advise.
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
