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الاستقالة والتعويض عن سوء التفاهم بخصوص الوصف الوظيفي

مرحبًا،

انضممت للعمل لدى شركة تابعة لمركز دبي للسلع المتعددة قبل شهر واحد وهناك سوء تفاهم بيني وبين صاحب العمل فيما يتعلق بالوصف الوظيفي والذي أخبرته بوضوح أنني لا أستطيع القيام به.

تطلب مني الشركة الاستقالة ودفع مبلغ 15000 درهم تكاليف استخراج التأشيرة والتأمين الطبي، وما إلى ذلك، على الرغم من احتفاظهم براتبي. يطلبون مني أيضًا تسليم جواز سفري، وإلا سيتخذون الإجراءات القانونية ضدي.

هل يجب علي تعويضهم إذا كنت أرغب في الاستقالة؟

يرجى تقديم المساعدة.

Mohamed Noureldin

Nour Attorneys & Legal Consultants

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9 Mar 2020, 21:59

Dear questioner,

An employer cannot ask you to resign. It is better to complain to DMCC and proceed with a labor case for the same.

We can help you to draft responses and attend DMCC meetings&labor meetings to avoid paying them such illegal claims.

Best Regards,

Mohamed Noureldin

Legal Consultant (Licensed in Dubai)

11 Mar 2020, 12:06

Hi Mr. Mohammed,

With respect to the above I got a call from my employer yesterday and I said I have decided to resign and will be sending him a email he said ok and immediately the employer sent me an email as below

''as per our numerous conversations and messages, you have been absent from work for more than a week. Additionally, you have left a project without proper handover and closure. You are well aware of the job requirements and have chosen to make a visa with IMGS EMEA DMCC on urgent basis and then not attend to your duties. please reply with your intentions so we may proceed accordingly with UAE authorities. We have been advised to report you as an "absconder". Awaiting your response urgently."

11 Mar 2020, 13:53

Kindly report immediately to ministry of labor advising them about the threats and complaint against company,

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Santanu Ghosh

Ibrahim Al Banna Advocates & Legal Consultants

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10 Mar 2020, 06:23

It depends on the contract under which you have joined this company. If it is limited, you have to pay 45 days' salary, and if unlimited, you don't need to pay anything.

Also, it is illegal for a company to ask for a passport. He cannot take any legal action if you do not give your passport.

Regards!

10 Mar 2020, 06:31

But my offer letter does not mention anything about the notice period or reimbursement of any visa expenses as I am on probation.

10 Mar 2020, 06:38

So, you do not have an employment contract?

How did they issue the visa?

Regards!

10 Mar 2020, 06:48

They didn't give me any contract. Based on the offer letter acceptance, the visa got processed; I haven't signed any ministry contract agreement.

They haven't given a copy of the agreement contract.

10 Mar 2020, 07:00

So please check your offer letter about the period of service.

As per DMCC Regulations, the maximum tenure for a Limited Contract is 4 years. So you will understand that if there is no fixed term mentioned, you have joined under an Unlimited Contract.

In that case, simply follow the termination/resignation process as set out in the offer letter.

In case of any issues, you may also approach DMCC's EMPLOYMENT MEDIATION SERVICES. But do not hand over your passport.

Regards!

10 Mar 2020, 07:02

Thank you!

10 Mar 2020, 07:03

In case of any further queries, you can get in touch with us via phone or email.

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Abdul Wahied Mohammad Sharief

Dar Al Haqooq Legal Consultancy

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10 Mar 2020, 11:13

Dear S.,

Thanks for your query. In this situation, you should try to resolve the matter with higher management in the company.

The UAE employer has to bear visa expenses. If the issue remains unresolved, you can make a complaint with DMCC Freezone. Regarding custody of the passport, the employer can not take your passport.

Thanks!

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