Sharjah, UAE

Request to release the passport in a 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.

Hari Wadhwana

Al Nassar Advocates & Legal Consultants

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1 Sep 2018, 09:18

Dear Sir,

Thank you for getting in touch with me on this issue.

Please note that you are not obliged to recover dues for the company and this cannot be a ground to hold your passport.

Considering you have not completed the notice period after resignation, there might be repercussions for you.

Further, since you have already initiated a labour complaint, the labour office will call the employer and employee (you) for amicable settlement of the matter.

This is the point where you raise a complaint that your employer has, without any authority, held on to your passport.

If there is no amicable settlement, then the case will proceed with the labour court.

Alternatively, you may also get in touch with your home country embassy to help you out with the passport situation.

I trust you will find this helpful.

Regards,

Hari Wadhwana

1 Sep 2018, 09:26

Dear Sir,

Thank you and appreciate your detailed advice.

I have approached the Indian Consulate during the start of this problem in June and it was decided in front of the Acting Vice Counsel Mrs Sumathi that my employer will give me the passport back after the client comes to Dubai.

This never happened and that's how I went to the labour office after waiting more than 2 months.

In case I need a lawyer to fight for my case, would you be able to assist me?

I am little worried as my friends told me that hiring lawyers is very very expensive in the UAE, Is it true?

Please advise if you can help me out in Sharjah court and with Sharjah police to get my passport and visa cancellation.

Thank you once again for your time.

1 Sep 2018, 09:32

Dear Sir,

It is good you that you have taken proactive steps towards obtaining your passport.

Yes, we can assist you in the labour court and police to obtain your passport. The legal fees can vary from case to case basis.

The legal cost can be high if the case is complex, and this is the case with your passport.

So, I advise that you should follow with the right legal counsel and get out of the issue.

You can send me an email on hari@alnassaradvocates.com regarding the full labour case details along with the email/ letter from the Indian Consulate (if any).

I will guide you on how to proceed with it.

You can have a look at our firm profile on http://www.alnassaradvocates.com/

Regards,

Hari Wadhwana

1 Sep 2018, 09:35

Dear Sir,

Thank you so much for your quick response.

I will send you a detailed email about my case along with the evidence of my claims.

Hope you will come forward to assist me the best possible way you can.

Thank you, so much, once again.

1 Sep 2018, 09:36

Dear Sir,