Q: I have recently resigned. They have sent me the final settlement. I, the undersigned do hereby certify that I have received all my dues. How can I sign this form? A: Paying out a remuneration at least once a month is an obligatory condition of a labour contract and an imperative provision…

Dubai, UAE

12848

Signing a clearance of labour entitlements for visa cancellation

Dear Mr Khalifa

I have recently resigned from my company in Dubai where I have worked for over six years. Currently, I am serving the notice period up to 30th June 2019.

I resigned on 11th June 2019 but my company is asking me to serve 30 days notice period. The reason for leaving is they are not paying me my salary on time which has now increased to almost three months.

My dues include 3 months salary (April, May and June 2019), 6 years gratuity and 10.5 days annual leaves. The total amount due is around AED 115,000.

When I asked my company to cancel my resident visa (which is already expired on 22nd June 2019), they have sent me the final settlement which states the following declaration:

"I, the undersigned do hereby certify that I have received all my dues from my Company/Institution and I have no right to make any claim after this date."

I told my company that the dues are not cleared yet, how can I sign this form? but they are saying that this form will not affect my dues.

Please advise.

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25 Jun 2019, 06:57

Paying out a remuneration at least once a month is an obligatory condition of a labour contract and an imperative provision of the Labour Law.

The breach of this obligation arises the right for an employee to leave the service without notice.

At the same time, if you have submitted resignation not under the referred above reason, you should serve the full notice period - one month.

25 Jun 2019, 07:47

Thanks for the clarifications.

I need my visa to be cancelled.

Should I sign the final settlement form which states:

Declaration: I, the undersigned do hereby certify that I have received all my dues from my Company/Institution and I have no right to make any claim after this date?

Although my dues not yet paid include 3 months salary (April, May and June 2019), 6 Years gratuity and 10.5 days annual leaves.

The total amount due is around AED 115,000.

Please advice.

25 Jun 2019, 08:34

The requested declaration is compulsory to be submitted before cancelling your visa upon the employer's request.

However, such a declaration assumes you receive the full remuneration along with all your gratuities and have no claims in this regard.

In case you terminate your contract because of non-payment of the remuneration, in order to keep your entitlements, you have to follow the procedures on administrative cancellation of sponsorship.

For that, first of all, you should address the MOHRE with a request to cancel the sponsorship without the consent of the sponsor.

25 Jun 2019, 10:06

Thanks.

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