Please Advice - Cancellation

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Please Advice - Cancellation Mar 04, 2011
Hi all!

I have an unlimited contract mentioning the start date only and no end date. I worked in this company for 2 yrs and 11 months now. But I submitted a non renewal of contract notice on the 2 yrs & 10 months service (no received copy of that letter at hand). On that exact day which I mentioned in my letter as my last day, they process the application for cancellaton of visa/labor card but after getting my signature, they told me that they will hold the cancellation unless I can settle my pending project.

1) Do you think the employer has the right to hold the cancellation?
2) Do I need to finish the pending project even I had served the 30 days notice? Because I had endorsed this already to my colleague. (Colleague accepted hesitantly but cooperates with the turn over ).
3) After receiving this last month salary (including the few days extension), they don't want me to report in the office anymore but they will just contact me anytime if they want my presence in transacting the project. Do you think this is still legal?
4) Since I am still transacting with them, Do you think my contract will be renewed automatically even if I already rendered my notice?
5) In connection with my pending project, my employer and manager are threatening me not to cancel my visa if I cannot collect payment. Do I need to file a complain against them?

Thank you in advance!

myforte
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Re: Please Advice - Cancellation Mar 04, 2011
If you don't get any help from the forum on the above, go to the Ministry of Labour. They can be very helpful and can probably tell you what your employer can and cannot do.

The only thing I can say is I hope you have as much as possible in writing. If not, start building up backup to support any claims you make such as in (2) above - get confirmation from them that they agreed that you could turn over the project and then send one to your colleague confirming that he has indeed accepted the takeover, (3) above - that your employer has made that request. As for your contract, it is opened ended, so there can not be an "automatic" renewal. As for (5) above, does it say in your contract that part of your job responsibilities is to collect payment from clients on behalf of your company? Don't they have an accounting person/department that sends out invoices and follow up on payment? With regard to getting some backup, just send out an email confirming the events that have taken place or are taking place. More than likely they will respond to at least one of the points. If you don't get any response, at least you have something to show MOL that you were trying to get something in writing to support your claim, but they failed to respond. Why did you resign? Is it for another job or are you relocating? At the end of the email tell them you like to resolve the matter as quickly as possible as you (need to travel?) (give a start date to new employer?).

Good luck to you.
Bora Bora
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Re: Please Advice - Cancellation Mar 04, 2011
1) Do you think the employer has the right to hold the cancellation?

No

2) Do I need to finish the pending project

No

3) After receiving this last month salary (including the few days extension), they don't want me to report in the office anymore but they will just contact me anytime if they want my presence in transacting the project. Do you think this is still legal?

You have no legal obligation to do this.

4) Since I am still transacting with them, Do you think my contract will be renewed automatically even if I already rendered my notice?

They cannot renew your contract without your approval and knowledge. I'm assuming your three years are almost up. They need your signatures on the new MOL contracts, they will also require you to a medical exam for renewal of your visa. If you do not co operate. They cannot.

5) In connection with my pending project, my employer and manager are threatening me not to cancel my visa if I cannot collect payment. Do I need to file a complain against them?

Again you have no legal obligation to do so and yes it is illegal.

As mentioned before you best option is go to the MOL and file a complaint

-- Fri Mar 04, 2011 2:33 pm --

Wait a minute didn't you just say you were working in KSA ? If thats the case then I'm sorry you will need someone who is familar with Saudi labour laws, as you can read this is Dubai Forums and not Saudi.

Cheers
desertdudeshj
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Re: Please Advice - Cancellation Mar 04, 2011
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myforte
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Re: Please Advice - Cancellation Mar 04, 2011
Doesn't matter you labour card and resisdence permit is only valid for three years, new ones for 2, without renewing these you become an illegal resident and not permitted to work, and without your coperation they cannot renew any of these. Unlimited contract does not mean your a sign up for indentured labour for the rest of your life. A one month resignation notice/letter is enough.

You say they processed your cancelation and you have a copy of it, so what seems to be the problem ??? And if your visa is cancelled you have 30 days to leave the country or get a new visa. Leave.

And then why did you say you are working as a pharmacist in KSA and wish to come to dubai ?
desertdudeshj
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Re: Please Advice - Cancellation Mar 04, 2011
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myforte
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Re: Please Advice - Cancellation Mar 04, 2011
Please do not PM me anything. I have no idea what you are going on and on about cheques, recieved copies etc etc etc none of it is relevant legally. The labour laws are in place although confusing in detail but the major aspects are very clear. If you do not want to continue to work with the company simply resign and cancel your visa. If they are making any problems, go to the MOL and lodge a complain there, thats what they are there for. If there is any payment dispute you can include that in your compliant aswell.

You company is a POS and instead of wasting time here go to the MOL. There are never any fixed procedures when it comes to anything to do with govt dept. Things change from day to day counter to counter and no one can advise you exactly what to do in that regards.
desertdudeshj
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Re: Please Advice - Cancellation Mar 04, 2011
Thanks a lot .
myforte
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Re: Please Advice - Cancellation Mar 04, 2011
Sheesh mate ! Just go already. Talk to them explain the situation to them and see what they have to say. Unless you have been doing something dubious you have nothing to worry about.
desertdudeshj
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Re: Please Advice - Cancellation Mar 04, 2011
Thanks desertdudeshj! It relieves me that some concerns are cleared to me now...

Hope you will continuously give suggestions and advices for future updates of my case.

-- Fri Mar 04, 2011 6:00 pm --

Bora-bora thanks too. I am considering your suggestions and making ways to secure those proofs.

-- Fri Mar 04, 2011 9:21 pm --

---
myforte
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Re: Please Advice - Cancellation Nov 18, 2014
desertdudeshj ,

hi
on the year of 2012 i filed a complaint in the ministry of labour againts my company the complaint was not resolve in the ministry of labour and has send us to dubai court for case, after a month i got rehired with them and has continued working within two years of contract, by the time that i finish my contract and wanted to cancel my visa my employer failed to cancel my labour card and visa with them, its been six months im going back and fourt to labour office to cancel the complaint but it ends up suggesting going to the court, even after the settlement with my previous company in the ministry of labour when im about to cancel my visa in the tasheel services said its not possible to cancel my visa because of the case. we try to close it and one of the attendant from the ministry of labour has told us that we closed it , it was never deleted from the system. please help find answers for my case. i wanted to resolve the issue my new company cannot filed for me a new visa
bodymist
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undefined Jan 22, 2016
sir i am working in four star hotel so i am want resighn but in agreement mention 5000 aed will be pay before you leaving two years so pls tell me this is rule or not
gohar
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