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Recovering the pending dues from the employer after canceling the visa?

Hello,

I am working for a company in Al Hamriyah Freezone for the last 7 years. I have a pending 13-month salary, gratuity, and leave salary.

My contract is going to expire within 4 months. And I have an offer to join another company within 1 month. The current company is saying excuses that they will not be able to pay that much amount.

Also, I would like to join another company. How could I recover the pending dues from the company even after canceling the visa?

Hussain Lootah & Associates
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17 Nov 2021, 12:59

Dear questioner,

You may resign from the job without serving a notice period and with immediate effect under article 121 of UAE labor law.

Under Article 121, where an employer fails to honor his obligations to an employee under the terms of the employment contract or, if an employee is assaulted by the employer or the employer’s legal representative, an employee may lawfully resign without notice.

Later, you may claim your pending salaries and also claim compensation against forced resignation.

You may request the free zone to cancel the visa, citing the reason for resignation and accept the job offer and enter into a new visa as well.

Please note that the cancellation of your visa will not affect the collection of dues from your previous employer.

Please feel free to reach out to me if you need any further clarification.

Regards,

Rajasree Ravivarma

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