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Sharjah, UAE

Claiming passport from the employer after labour dispute

Dear Respected Lawyers,

I am on management visa from Sharjah whose passport was denied by the employer after completing 13 months of service.

They told me passport can't be given until my client in Iraq settles a business transaction dues the company did. Feeling insulted, I resigned on June 20th 2018 and stopped going to the office waiting for my Iraqi client to visit the UAE.

Finally, the client came to Dubai on August 23rd and showed my employer his account where the client lost more than USD 700,000 because of the mismanagement of the project by the employer.

The employer left the meeting room saying I will never get my passport or visa cancelled. He told if ever I report it to the Labor Department, I will be put into trouble through his contacts with senior police officials.

Finally, I filed my labour complaint today for my Visa cancellation. Kindly advise whom should I approach at Sharjah Court to file a petition for getting back my Passport on an urgent basis.

Humbly requesting your valued positive advice and assistance.

Hassan Al Riyami Advocates & Legal Consultants
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27 Aug 2018, 14:16

Given the circumstances of your case, it is important to first find out if the employer has filed any criminal complaint against you for fraud or mismanagement.

To retrieve your passport you need to also inform Sharjah police immediately so that you may recover your passport from the employer.

27 Aug 2018, 14:21

Dear Sir,

Thank you for your quick response.

My employer has not filed any case against me as of now and it was me who filed a labour complaint against them yesterday after waiting for 3 months without pay and my resignation notice date was June 20th, 2018.

I am worried to approach Sharjah police directly as the company has very good high profile contacts with officials.

Can I get my Passport through Sharjah court by paying a fee of 110 AED to get the court order?

Sir, do you think my company can file any case against me as I have just filed a complaint against them??

I have all emails and documents to prove the mismanagement done by the employer himself.

Please advise and assist me.

27 Aug 2018, 14:29

Without being aware of the entire facts of your case and the documentation therein, it is difficult to advise you on whether or not the employer has a case against you.

USD 700k is not a small amount so we need to have a greater understanding of the facts.

You may try to acquire your passport through the court, but the best course of action is to approach the police.

If you need our services to help you with this, you may contact us at 0559248999 via Whatsapp.

27 Aug 2018, 14:35

Dear Sir,

Once again, thank you so much for your quick response.

It was my client in Iraq who lost USD 700,000 doing business with my employer, while my employer's investment was USD 400,000 through his Indian Bank account.

My Iraqi client has decided to file a legal case against my employer and he is well aware that we, the employees, have nothing to do with the Port Charges and delay penalties my client paid in Iraq.

Please do share your email ID so that I can reach you in case anything is needed.

And please advise which department should I visit at Sharjah court for getting the passport petition.

Thank you so much once again.

27 Aug 2018, 14:41

Email to advocate@alriyamiadvocates.com

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