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How can I get my labor rights if I have to leave to my home country?

My salary has been deducted by the management. I understand that I can complain to MoHRE and go to court but I know the process could take 6-18 months in court.

My queries:

1) My visa and contract are expiring. Can I go back to India and continue the litigation?

2) For the bank accounts, if I have to close them, then how does the court ensure I get the payment?

If I have to stay here and fight without a salary, I will incur huge expenses and stay in the country without a salary.

I do not intend to stay in the country, so can I still file a case and come back on the dates of the hearing?

Hussain Lootah & Associates
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3 Oct 2021, 05:19

Dear Questioner,

Ans to Q No. 1: before you leave to your home country, it is advisable to complete the complaint stage. After which you may give a PoA to a lawyer and he will represent you before the court.

Ans to Q No. 2: You may submit the IBAN number of your home country. Or else you may entrust your lawyer to receive money on your behalf and send it to your account.

Ans to the last question: You may file a complaint within 1 year from the date of accrual of the right.

Please feel free to contact me if you need any further assistance.

Regards,

Rajasree Ravivarma

4 Oct 2021, 13:27

Firstly appreciate you taking the time to respond to my queries.

I understand that a lawyer normally is provided by MoHRE, will I still need to hire legal counsel?

If yes what will be the cost?

5 Oct 2021, 02:01

MoHRE will assist you in the mediation stage to find an amicable solution.

Once it is transferred to the court, you may represent yourself or may get represented by an appointed lawyer.

The expenses will depend upon your claim.

5 Oct 2021, 07:49

It will be approx 150,000/- depends on when I file the claim, hoping to get it resolved amicably but just want to be prepared from my side.

5 Oct 2021, 08:19

Alright.

Please let me know once you require our services.

Please feel free to contact me at my number for any further assistance or guidance during the complaint stage.

5 Oct 2021, 08:34

To make the decision, I will need to know your fees.

Can you tell me how much will you charge?

Will it be a % fee? Will I have to pay even if I lose the case?

5 Oct 2021, 08:50

I would like to keep such details confidential. We will discuss this when we have a conversation over emails or telephone.

5 Oct 2021, 09:10

Sure, not an issue. Will connect to you via Whatsapp/call.

5 Oct 2021, 10:00

Thank you.

7 Oct 2021, 07:15

A few follow up questions

1) Let's say my contract is expiring and we have not come to any settlement

a) should I hand over my emirates card to the employer for cancellation at end of the contract?

b) besides giving in my resignation with due notice, should I sign any other document for cancellation?

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