UAE

UAE: Is it legal to retain visa after employee completes notice period?

Work legislation stipulations define significant penalties for abuse of job licenses

Inquiry: I operate in a business in landmass Dubai. If I surrender, can I request my business to keep my visa? Can they prolong it once it ends, if we both concur? How much time can they proceed doing this?

Action: According to your questions, the stipulations of Federal Mandate Legislation No. 33 of 2021 on the Guideline of Work Relations (the ‘Em ployment Legislation’), the stipulations of Closet Resolution No. 1 of 2022 Worrying the Exec Rules of Federal Mandate Legislation No. 33 of 2021 on the Guideline of work Connections (the ‘Closet Resolution No. 1 of 2022’) and also Federal Mandate Legislation No. 29 of 2021 Worrying Migration and also Home (the ‘Migration Legislation’) apply.

It ought to be kept in mind that when a worker surrenders, s/he ought to offer a notification duration which is stated in the employment agreement. This remains in conformity with Post 43 (1) of the Work Legislation, which mentions: “Either celebration to an Employment agreement might end the agreement for excellent reason, by providing the various other a notification in creating. The staff member will execute his tasks throughout the notification duration set in the agreement, gave that the notification duration is not much less than one month and also not over of 90 days.”

As soon as you finish your notification duration, the company might terminate your job license and also UAE home visa. Upon termination, the connection in between you and also your company will disappear.

You might request your company not to terminate your UAE home visa. Yet the choice to keep it goes to the discernment of your company. Nonetheless, you and also your company might need to encounter lawful ramifications such as charge of substantial penalties by appropriate authorities in the UAE if your job license and also residency visa is not terminated immediately after you finish your notification duration.

This remains in conformity with Post 60 (2) of the Work Legislation, which mentions: “Shall be punished to a penalty of not much less than Dh50,000 and also not greater than Dh200,000, whoever, utilizes job licenses for functions besides those for which they are provided.”

Even More, if you surrender from your work, the company might not restore your employment agreement, as simply restoring for releasing you with an UAE home visa contrasts the Work Legislation. The companies while restoring an employment agreement requires to comply with the treatments set in Post 7 of the Closet Resolution No. 1 of 2022.

It is unlawful to utilize a person without a job license in the UAE. This remains in conformity with Post 25( 1) & & (2 )of the Migration Legislation, which mentions: “( 1) A penalty of Dh50,000 will be troubled any individual that has actually utilized or suited an immigrant in offense of the stipulations of this legislation. The fine will be jail time and also a penalty of Dh50,000 in instance of the offense is duplicated.

( 2 )Anybody that has actually hired an immigrant for objective of work under the stipulations of this legislation and also has actually not utilized him or enabled him to benefit 3rd parties without adhering to the recommended lawful treatments will be penalized by the very same fine suggested in condition (1) of this Post. In all situations, the penalty will be specified by the variety of lawbreakers.”

Based upon the previously mentioned stipulations of legislation, it is suggested that you request your company to terminate your job license and also UAE home visa as soon as you finish your notification duration to stay clear of any kind of lawful ramifications.

Ashish Mehta is the creator and also Handling Companion of Ashish Mehta & & Associates. He is certified to practice legislation in Dubai, the UK and also India. Complete information of his company on: www.amalawyers.com. Visitors might e-mail their concerns to: news@khaleejtimes.com or send them to Legal Sight, Khaleej Times, PO Box 11243, Dubai.

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