Questions & Answers
Is it possible to claim the EOSB after signing the cancellation paper?
Hi,
I am working for a company in Dubai that has a trade license registered both under the mainland and in the free zone.
My work permit was under free zone for the last 06 years and now they have requested me to cancel the free zone visa and get the new work permit under the mainland.
They have forwarded me a document from Tecom to proceed with the cancellation, stating that I have received all my dues as part of gratuity.
However, the mitigation company has given a service continuation letter stating this is just an internal process and I have not received my dues.
Is this enough to protect me legally from any dispute that may occur in the future, or do I need to ask them for a notary attestation of the outstanding dues to get more protection from a legal perspective?
Kindly advise.
Thanks
Dear Questioner,
From the brief, I understood that your company is transferring you from their free zone entity to their mainland entity and they are considering it as an internal process and requesting you to sign the cancellation paper.
Please note that signing the cancellation paper itself is not concrete proof of receiving all dues.
However, as per Article 6 of the UAE labor law, you will not be able to enforce your right after the lapse of one year because the said Article clearly states that:
"No claim for any of the rights provided for in this Law shall be heard if brought to court after the lapse of one year from the date of accrual."
In that case, it will be safer to have it received now or at least collect an understating that the employer will pay the dues within a year from the date of cancellation.
Hope my explanation is clear. Please feel free to reach out to me if you need any further clarification. thank you.
Regards,
Rajasree Ravivarma
