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Can I request my employer to cancel my visa while a labor case is still active?

Dear Sir/Madam,

My employer breached the 14-day policy and terminated me without prior notice. I have filed a labor case against them, which is ongoing.

Can I request my employer to cancel my visa while the case is still active, as they compelled me to withdraw the complaint to cancel my visa?

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London Center for Legal Consultancy Office
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25 Feb 2024, 06:54

Dear Questioner,

According to UAE labor law, an employer is required to provide a 14-day notice period before terminating an employee during their probation period.

If the employer fails to do so, the employee has the right to file a complaint with the Ministry of Human Resources and Emiratization (MOHRE).

In your case, since you have already filed a labor case against your employer, it is advisable to continue with the case until a decision is made by the MOHRE.

If your employer is compelling you to remove the complaint in order to cancel your visa, it is considered a violation of your rights as an employee.

You can inform your employer that you will not withdraw the complaint until a decision is made by the MOHRE.

If your employer still insists on canceling your visa, you can seek legal advice from a lawyer or contact the MOHRE for further assistance.

It is important to note that the MOHRE may order your employer to pay you compensation for the breach of the 14-day notice period.

Therefore, it is in your best interest to continue with the labor case until a decision is made.

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Dar Al Haqooq Legal Consultancy
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25 Feb 2024, 11:14

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

Your employer is usually responsible for canceling your visa during your labor case, regardless of any ongoing disagreements.

If your employer is trying to use visa cancellation to withdraw the labor case, it may be coercion, which is unlawful under UAE labor law. Your employer has no right to meddle with your labor case.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks and Regards,

ABDUL WAHIED

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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26 Feb 2024, 06:14

Dear Questioner,

You should temporarily stop the complaint for settlement, not cancel it.

Yes, you can cancel the visa.

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Mohamed Bakheet Advocates & Legal Consultants
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26 Feb 2024, 12:33

The complaint will not be canceled unless all labor entitlements are received.

Skills Legal Consultants
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1 Mar 2024, 05:40

It is not advisable to request your employer to cancel your visa while the case is still active.

It might impact your legal standing in the case and your ability to pursue your rights through the legal process.

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