Employee has to be present to cancel visa

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Employee has to be present to cancel visa

I have completed a little over four years in my present company and resigned for a better opportunity. How should my end of service benefits be calculated? My company is calculating it at 14 days’ basic salary for each year of the first five years. Is this right or should it be calculated as 21 days’ salary for each year of the first five years? Please clarify.

By Mushtaq Ahmad Jan

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Published: Mon 24 Sep 2012, 9:21 AM

Last updated: Tue 7 Apr 2015, 12:40 PM

Article 132 of the UAE Labour Law mentions two situations for calculation of the end of service benefits. If the employee had not completed five years in service, then the end of employment benefits will be calculated as 21 days’ pay for each year.

However, if the employee has completed five years in service with the same employer, then, the end of employment benefits will be calculated as 30 days’ pay for each year, provided the entire benefits shall not exceed two years’ pay.

Article 132 states that: “The employee who has completed one year or more in the continuous service is entitled to the end of service remuneration at the end of his service. Days of absence from work without pay are not included in computing the period of service, and the remuneration is to be calculated as follows: Twenty one days’ pay for each year of the first five years of service, and 30 days’ pay for each additional year, provided the total remuneration shall not exceed two years’ pay.”

Since, you have not completed five years, your benefits should be calculated as 21 day’s pay for each year. However, it is pertinent to note that the end of service benefits is based on the basic of the last salary without adding any benefits or allowances of any kind.

I have six years of experience in system administration on Windows Server in India. My wife is working at Dubai. She asked me to shift to Dubai, but my worries are about the minimum qualification required to get a job here in my field. I am MCSE and CCNA certified. But I am still pursuing my under graduation. Due to some financial problems, I have a five-year gap in my study. Will I get job in Dubai?

Getting a job anywhere in the world, including Dubai, in any field depends upon the requirements of a particular job for which a person is applying, availability of the required persons, needs of the employer, and practical experience and qualifications. It is pertinent to note that sometimes practical experience supersedes qualifications especially in the computer field. Therefore, before applying to any job, you should check the relevant requirements and then apply. Furthermore, if the required person having a certain qualification is not available, the employer may give the job to the next in line person, that is to a less qualified person. Therefore, you could try applying.

I would like to know the legal procedure followed for cancelling of visa under the following situation. I work in a hotel and had to fly out on an emergency leave to attend to my father’s medical condition. Since my father’s health was not improving, I had requested my sponsor to cancel my visa and pay my dues. This was officially communicated in writing. The reply was that I have to be back in the UAE in person with my original passport to cancel my visa. It is now more than six months since I left the UAE. My visa has been automatically cancelled, hasn’t it? Please, advice.

The visa will not be automatically cancelled if it has validity, even if the person stays more than six months outside the UAE. Therefore, you need to cancel your visa. Furthermore, no employer is allowed to cancel the visa of any employee if the employer is out of the UAE.

It is required for the employee to be present in the UAE for cancellation of visa. However, if you have been out of the country for over six months, the employer may cancel the visa by producing the relevant documents. In such an event, the original passport or presence of the employee is not required. Since, you have stayed for more than six months outside the UAE, your employer may cancel your visa without having your original passport.

Compiled by Ahmed Shaaban

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