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URGENT HELP NEEDED PLEASE!!

dubaidella43424

36

Posts

EW NEWBIE

Latest post on 27 July 2011 - 17:51

ladies, I am freaking out right now.

I resigned my job a week ago, got an email on Monday from HR, saying my resignation has been excepted, however I would need to pay my visa back as I have not served 1 year (started in Jan, last day will be 19 Aug).
This morning I went to DAFZA to enquire if this is true, they advised it is as I am on a limited contract. So fair enough.
Got a call from HR a moment ago to come down and see her, informed me that I no longer need to pay for my visa, however I now owe the company 45 days salary as I am breaking contract!!! This basicly amounts to me not getting paid this month and for the rest of my notice period!!! IS THIS LEGAL??? PLEASE PLEASE PLEASE HELP ME!!

Another girl in my department resigned while still on probation (mine ended 4 months ago), and all she had paid was her visa. How can they change the rule now on me??
I think the change in their payment request is because they found out that I went to DAFZA....
I really need to know what I can do to fight this as I have bills to pay so really can not afford not to get my full dues!!

PLEASE HELP ME LADIES!!

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Princess_I45169

1953

Posts

EW EXPERT

Latest post on 08 August 2011 - 11:19

They cannot hold your passport. It happened to a friend of mine, she took a newspaper article and told them it is illegal for them to keep her passport and she got it back. She said in cases of fire or theft, they will be completely liable and can be prosecuted if they kept her passport--they got scared and handed it back. It's not actually as simple as that - if you work with money (ie in a money handling job) the company can legally keep your passport (as i was informed by our government relationship man)

9

Posts

EW NEWBIE

Latest post on 08 August 2011 - 11:17

They cannot hold your passport. It happened to a friend of mine, she took a newspaper article and told them it is illegal for them to keep her passport and she got it back. She said in cases of fire or theft, they will be completely liable and can be prosecuted if they kept her passport--they got scared and handed it back.

1759

Posts

EW EXPERT

Latest post on 07 August 2011 - 16:44

Your passport belongs to your country - they cannot hold it legally if you are allowed to remain in the country legally. You can take this to the MoL or the police.

dubaidella43424

36

Posts

EW NEWBIE

Latest post on 07 August 2011 - 15:30

hi ladies We (my fellow resigned co-worker and I), have now found a way to fight! They have decided to enforce Article 116 on him after I pointed out to them that they are only enforcing it on me. The have also not paid me for July and are not paying me for the rest of my notice. Article 116 clearly states that the 45 days rule can not be applied if the contract states otherwise, our contract states otherwise!!:) My embassy is proving useless and his is helping. They have been in contact with the MOL who pointed them to DAFZA, however they are not responding. His embassy has also referred him to a lawyer. He is currently working on the case. As a back-up, can any of you ladies recomend a good lawyer who has DAFZA experience? Also, have any of you had any problems getting your passport back after the visa has been cancelled? The company has informed me that they will not give me back my passport after cancellation, they will either meet me at the airport on my way out, or handover the cancellation papers only for the new company to start my visa process and will only handover my passport when the new visa is ready for stamping. My wonderful embassy's only advise is to go to the police... which I am scared to death of! Not that I have anything to hide, they just intimidate me! And I have heard that the police aren't very interested in assisting in passport disputes. any advice would be great! edited by dubaidella on 07/08/2011 <em>edited by dubaidella on 07/08/2011</em>

Princess_I45169

1953

Posts

EW EXPERT

Latest post on 28 July 2011 - 09:01

Chocs... it's not just her. Someone else who started the same time as me, and resigned a day after me isn't having this law applied to them! He is no longer on probation either! perhaps he sucks at his job and they want shot of him

dubaidella43424

36

Posts

EW NEWBIE

Latest post on 28 July 2011 - 08:54

Chocs... it's not just her. Someone else who started the same time as me, and resigned a day after me isn't having this law applied to them! He is no longer on probation either!

3804

Posts

EW MASTER

Latest post on 27 July 2011 - 19:52

dubaidella, what do you mean pick and choose who it applies to? If you're referring to the other girl you gave example of in your original post, as I said, she left within the probation period, whereas you are not. So the same rules do not apply.

dubaidella43424

36

Posts

EW NEWBIE

Latest post on 27 July 2011 - 19:21

thnx for the responses (bar one). seems it is perfectly legal, however I don't understand how they can pick and choose who this applies to...should it not apply to everyone? My manager called me in after basicly telling me to either extend my notice period or revoke my resignation?!? No way in **** I am sticking around any longer than I have just so that these heartless power mongers can get some free labour! My whole reason for resigning was to end my time in slave labour! Will just need to find a way to cut costs majorly till I get my first paycheck from the new job or get something part time any one need a live out cleaning lady... can cook and provide childcare ;)

624

Posts

EW GURU

Latest post on 27 July 2011 - 18:22

Here is a copy of the UAE labour law. HOWEVER, this was produced in 2007 and some amendment was made in January this year with regards to leaving employment, so just treat this version as guidance only http://www.gulftalent.com/repository/ext/UAE_Labour_Law.pdf ETA: I didn't see Princess' post before I posted this. Hers is more likely to be up to date. <em>edited by shamat on 27/07/2011</em>

3804

Posts

EW MASTER

Latest post on 27 July 2011 - 18:18

They haven't changed the rule on you! That's what probation periods are for, so that either party can terminate the contract if they are unhappy. You completed your probation, therefore you became fully bound by your labour contract with the company. And yes you are getting off lightly, they could have made you pay back the visa plus compensation. A lesson learned for next time.

Princess_I45169

1953

Posts

EW EXPERT

Latest post on 27 July 2011 - 18:12

This is as per the labour law. http://crm.mbsworld.net/molmanual/Manual_Eng/Termination%20Of%20Employment%20Contract.pdf see point 6 <em>edited by Princess_I on 27/07/2011</em>

624

Posts

EW GURU

Latest post on 27 July 2011 - 18:08

Hi dubaidella, I don't know if this is legal or not, but I have certainly seen this happen to some of my colleagues. With my employer, as people got wise to the fact that this was what the employer was doing, they left the company immediately, without notice, as soon as their pay went in. However this was all locally employed staff, not ones who were relying on visas from the company, so clearly this course of action isn't open to you. I think you need to go back to the Ministry of Labour and check this out, as I thought there was something in the Labour law which says that the employer can't leave you without income, which is exactly what your employer will be doing.

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