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Who pays for the overstay fines when the company withdraws its offer?

Respected all,

I found a job in April when I had a visit visa and my company gave me an offer letter. My visit visa expired at the end of May. Whenever I asked my company about my visa, they said that it is under process.

Now after three months, I came to know that we did not have any visa and we have penality and abscond. Yesterday, the company said that I have been terminated, we can not give the penalty and we can not process the visa. I have to pay myself these penalties.

My question is can I file a case against the company because they offered me a job when I have a valid visa and they did not give me a visa?

Thank you!

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Elnaggar & Partners
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31 Aug 2021, 11:37

You may have a valid claim against the employer.

Under normal circumstances, complaints pertaining to employment are submitted to the UAE Labor Department. However, since you still do not have a MOL contract, it may be difficult but still, you can try to submit a complaint before the Ministry of Labor IN PERSON.

You can file a case before the UAE court for breach of the offer letter. Please be informed that the offer of employment may be treated as a contract only IF the offer letter is signed by both the parties - the employer and the employee.

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