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Can I receive EOSB after my visa cancellation with MOHRE if I didn't claim it?

Dear Lawyers,

I complained to MOHRE to cancel my visa, and I did not claim my EOSB (gratuity and leave salary) as I was thinking I would file a separate complaint for it.

I wanted to start my business as soon as possible, or else I would have lost many clients. After the cancellation, I found out that I can no longer claim my EOSB.

What should I do next? I am planning to file the case again after a month. Should I complain again to MOHRE after a while?

Will they accept it? Or should I go directly to civil court or labor court? What will the total cost be?

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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19 Nov 2024, 09:06

Dear Inquirer,

We are pleased to serve you and address your inquiries.

In order to get the right answer, we suggest contacting the government entities (MOHRE).

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah at [----------].

Jasim Al Haddad Law Firm

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London Center for Legal Consultancy Office
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19 Nov 2024, 09:07

Welcome,

If you have canceled your visa and did not claim your End of Service Benefits (EOSB) (gratuity and leave salary), you can still file a complaint with MOHRE after the cancellation. However, it is recommended to file the claim as soon as possible.

If MOHRE cannot resolve the issue, you can take the case to the Labour Court.

Note: Legal fees and costs will be discussed during your consultation, whether in-office or online.

We are honored to provide you with specialized legal support for your case.

If you have any further inquiries regarding your matter, kindly contact us.

19 Nov 2024, 09:22

They asked me on the call if I wanted to claim my EOSB now. I said that right now, I only want my cancellation. They told me I cannot file again with MOHRE for my EOSB.

19 Nov 2024, 09:27

In this situation, you can start a legal step.

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Rashid Khalil Obaid Advocates and Legal Consultancy
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19 Nov 2024, 09:20

Hello,

While it's possible to file a complaint after a month, it's essential to check with MOHRE's specific guidelines and timeframes after cancellation.

Prepare a detailed complaint with all relevant documents, such as your employment contract, salary slips, and any communication with your employer.

They will navigate you for filing this claim, and if required they will refer the same to labor court.

If you need further clarification, you may ask us.

19 Nov 2024, 12:46

Will MOHRE deny a complaint? As I already told them that I didn’t want to claim EOSB for now, I only wanted the cancellation.

They told me I wouldn't be able to claim it later, but I still went through with the cancellation because I needed to get off my employee visa.

19 Nov 2024, 13:14

They will not reject it at first. Try to explain the situation to them and make it clear that it was not a voluntary decision.

19 Nov 2024, 13:35

Ok, thank you for your response, sir!

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KHE Legal Consultancy
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19 Nov 2024, 09:23

Dear Questioner,

In general, End of Service Benefits (EOSB), which include gratuity and leave salary, are your legal right as an employee in the UAE.

If you've already left your job and your visa has been canceled, you still have the right to claim these benefits. However, the timing and procedures for making the claim are important.

Normally, if you didn’t claim your EOSB at the time of leaving your job, it’s crucial to act quickly.

While the claim might not be possible immediately after your visa cancellation (if you didn’t make the claim on time), you can still pursue it.

You can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) to claim your EOSB.

If you missed the initial opportunity to claim it, you may still be able to approach MOHRE within a reasonable time frame after your visa cancellation, especially if the employer has not paid you the dues.

If the employer refuses to pay your EOSB or if MOHRE is unable to resolve the issue, you can file a case in the Labor Court to claim your benefits.

For further assistance, kindly share your WhatsApp number.

19 Nov 2024, 09:31

MOHRE asked me on the call if I wanted to claim my EOSB now. I said that right now, I only want my cancellation.

They told me I cannot file again with MOHRE for EOSB. So, I told them to cancel me ASAP (without claiming the money).

But, of course, I want to claim the money as soon as possible in the near future.

19 Nov 2024, 09:32

Our team will contact you shortly.

Laila Hamza Al Mulla Advocates and Legal Consultants
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19 Nov 2024, 10:56

Dear questioner,

It would be advisable to file a complaint with MOHRE because you need the reference letter from MOHRE to file a complaint in labor court.

Civil courts have no jurisdiction over this matter.

If you need our assistance, kindly share your WhatsApp number.

19 Nov 2024, 12:44

[---------].

19 Nov 2024, 13:03

We will contact you shortly.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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20 Nov 2024, 06:11

You have the option to approach MOHRE again for your EOSB claim, and if that does not yield results, you can escalate it to the Labor Court.

Ensure you have all necessary documentation and consider seeking legal advice to strengthen your case.

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Galal Hussein Legal Consultancies & Advocates
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20 Nov 2024, 07:53

Dear Sir,

The complaint must be activated again and the requests modified by adding all the entitlements.

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