Q: On October 19, I filed a case against my employer for retrieving my passport and getting my salary… A: Please make an application to the Ministry to grant…

Sharjah, UAE

21300

How to retrieve your passport from the employer if you are in labour dispute

I need some help.

I was working in a salon since January 2016 (Sharjah visa and a limited contract). I've been working there for 1 year and 10 months. This October 9, 2017, my employer cancelled me without giving my all dues: gratuity, annual leave and even my salary for this month.

In May of this year my passport expired, I talked to my employer since April that I want to renew my passport but she said 'No'. On October 19, I filed a case against my employer for retrieving my passport and getting my salary.

Last Wednesday we meet in Labour Department and my employer said she will give the passport on November 8, which is the same date when my visa expired. I'm just scared of what will happen if I overstay here.

Nikhat Sardar Khan

Kochhar & Co Inc. Legal Consultants (Dubai Branch)

Chat

Hire

Meet

4 Nov 2017, 10:16

Please make an application to the Ministry to grant you an extension for the visa and that you need to renew your passport for the same. In all likelihood, you will have to deposit a passport as guarantee when you take it to renew.

4 Nov 2017, 23:36

Thank you, mam.

You mean I should write a request letter to the court?

6 Nov 2017, 10:42

Did your matter reach the Court? If not, inform the Ministry of Labour.

6 Nov 2017, 11:51

Not yet, mam. The situation is my employer said she will give my passport on November 8 which is the same date of my last day of grace period. I'm afraid she will file me absconding after that date because I need to stay few more weeks to renew my passport.

Please, mam, I need your advice what I have to do...

6 Nov 2017, 11:59

You filed a case in the Ministry of Labour. Go there an make an application as you need your passport to be renewed and that you should not be penalized for overstaying.

After you get a letter from the MOHRE then approach the office of the General Directorate of Residency and Foreigners Affairs (the "Directorate") and present the documents pertaining to your labour dispute issued by the Ministry of Labour to justify the overstay as the visa has expired.

6 Nov 2017, 12:13

Ok madam, but is it possible that my employer will do something about me or deport me? Because she said after November 8 police will catch me for overstay.

6 Nov 2017, 12:38

You can pay a fine after the grace period expires. But if it is for another 30 days.

After that (60 days after the expiry) you will be in trouble if you do not have the permission from the authorities.

6 Nov 2017, 13:34

Ok madam, thank you so much.

God bless you.

7 Nov 2017, 10:15

Most welcome. All the best.

Was this content helpful?

Fixed-fee services

1 • View all