Don't sign visa cancellation papers without getting dues
Dubai - If employee signs 'work permit cancellation' without receiving his dues, it is assumed he has no claims against the employer
My husband was employed for 38 years with a company and he retired due to health issues. He had signed a document stating that he has received his gratuity and pay till date as this was required by his employer to cancel his visa. The employer did not pay the end of service benefits and air ticket fare till date. On enquiring, the company informed my husband that he has signed a document confirming receipt of all his dues. Also, the employer has not paid the end of service benefits and there is no evidence of the payment being made. Do I have any legal way through which to recover the dues?
Pursuant to your queries, you should not have signed 'work permit cancellation' document without receipt of your dues from the employer.
A work permit of an employee will only be cancelled once an employee signs the 'work permit cancellation' document, which states that he or she has received all the dues. If the employee signs the said document, it is assumed he has no claims against the employer. The Ministry of Human Resources & Emiratisation may not take up your complaint as the work permit of your husband is already cancelled and he is not under the sponsorship of said employer.
However, considering your husband's long tenure with the company, the ministry may start with filing a complaint against the employer in accordance with Article 4 of the "Ministerial Resolution No. 724 of 2006 On the Administrative Cancellation of Sponsorship" which states: "Without prejudice to the above mentioned, the rules and procedures stipulated in the law and executive resolutions and regulations regarding the facilities that do not settle the obligations held against them shall be implemented."
Further, you may initiate legal proceedings against the employer before a court of competent jurisdiction.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United King. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: firstname.lastname@example.org or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.