Questions & Answers
Visa cancellation: Sign wrongful EOS or wait six months for automatic cancellation?
Dear lawyers,
I have a question about visa cancellation after termination and need urgent help. I got fired during probation and they told me to return everything immediately and not to serve during the notice period.
So I returned to my home country before my last day of work (just 1 day earlier) due to a family emergency.
After that, they settled my EOS and then initiated the visa cancellation. The EOS letter I signed at that time said "Termination Type: Termination by company".
I was already out of the country at that time and they asked me to come back to UAE to cancel my visa but I didn't. So now they said not to come back but asked me to sign a new EOS letter but this time it says "Termination Type: Out of country".
If I sign this, can they put absconding on me?
Can I just not sign it and wait for 6 months to get my visa canceled automatically?
They do not seem to have good intentions, that's why I need your help to ensure my rights are protected.
Thanks in advance!
Dear Questioner,
Thanks for your inquiry!
According to UAE labor law, an employer has the right to terminate an employee during the probation period without notice or compensation.
However, the employer must provide the employee with a termination letter stating the reason for termination.
In your case, it seems that your employer has terminated your employment during the probation period and provided you with a termination letter stating the reason for termination as "Termination by company".
This means that your employer has terminated your employment and initiated the visa cancellation process.
As you have already left the country, your employer cannot put absconding charges on you. However, if you sign the new EOS letter stating the reason for termination as "Out of country", it may affect your future employment opportunities in the UAE.
It is advisable not to sign the new EOS letter and wait for the automatic cancellation of your visa after 6 months.
If your employer insists on you signing the new EOS letter, you can seek legal advice and assistance from a lawyer to protect your rights and ensure that your visa is canceled without any negative consequences.
It is important to note that absconding charges can only be applied if the employee is in the UAE and fails to report to work for a certain period of time.
In conclusion, it is advisable not to sign the new EOS letter and wait for the automatic cancellation of your visa after 6 months.
Please do not hesitate to contact us via email or phone to seek legal advice to protect your rights.
Greetings,
Dear questioner,
The company could potentially report you as absconding or impose a one-year labor ban. However, with a settled EOS, it weakens their case.
Additionally, in case they proceed with absconding or a labor ban, we have evidence to show that the termination was initiated by the company and can easily refute these claims.
It is always advisable to cancel the visa with the company rather than through automatic cancellation because of the risks involved.
