# Complicated contract - Visa cancellation and Exit



## kinshu321 (Jul 21, 2016)

I am employed as a Contingent Worker in one of the rotten back offices in Dubai (not taking any names!). 

I have a contract only with my parent company based in India who have a contract with the employer here. However, my visa is sponsored by the UAE employer as an "Archives Clerk" with a one year validity. I did not enter into any contract with the local employer, and do not have a labour card.

I have resigned from my company and have to serve a three month notice period as per my contract with the parent company or pay compensation in lieu of the reducing period thereof. 

I want to exit early and move back to the country. However, the local employer has taken a very strict view of serving my notice period of three months. 

They said they won't initiate my visa cancellation before my notice period expires. I haven't even signed a contract with them for god's sake!

Should i just walk out of the country? Do they have any power to put any sort of "Absconding" or "Blacklisted" status against my visa?


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## kinshu321 (Jul 21, 2016)

Additional info: My salary is paid by my parent company in INR. i haven't been paid for the last month (as collateral, in case i run away without paying the amount due!), being paid only my daily allowance. Is escalation to the Indian Embassy a valid option?


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## Chocoholic (Oct 29, 2012)

But if you have a visa issued here, then there must be a labour contract somewhere as they'd have to file it with the MOL to get your visa issued.


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## kinshu321 (Jul 21, 2016)

Chocoholic said:


> But if you have a visa issued here, then there must be a labour contract somewhere as they'd have to file it with the MOL to get your visa issued.


The labour contract exists between the parent company and the UAE based company. Unfortunately, I don't have access to the Terms and Conditions of the secondary contract.

However, personally, I have not entered into any contract with the UAE based company. My Indian contract (governed by Indian labour laws) does not mention anywhere that I have to adhere / honour any secondary contracts signed by my parent company. 

The only power that the UAE company has that they have to initiate my visa cancellation procedure.

As per this page, the documents required for employment visa cancellation are as below:


 Original Passport
 Labour Card (Work Permit) copy (if available)
 Original E-signature card of authorized signatory
 Trade License copy
 Labour Establishment Card copy
 Immigration Establishment Card copy
 Typed Application (Separate application for Labour & Immigration)

So as i assume the situation to be, I don't have a Work Permit copy, but the Labour Contract exists between parent company and UAE company to provide human resources on a contingent basis.


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## QOFE (Apr 28, 2013)

Did you check online for your labour contract? 

How to View Your UAE Labour Contract Online | Dubai OFW

here's another link:
https://eservices.mol.gov.ae/enetwasal/login.aspx?lang=eng

You can collect your labour card in person at a Tas'heel centre. The original cost about 50-60 DHS
http://www.mohre.gov.ae/MOLWebsite/en/tasheel.aspx#page=1


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## kinshu321 (Jul 21, 2016)

QOFE said:


> Did you check online for your labour contract?
> 
> How to View Your UAE Labour Contract Online | Dubai OFW
> 
> ...



Thanks for the links. The links throw up an error: "Employee Information Doest Not Exists."

Unfortunately, it would seem that I do not have an (limited/unlimited) employment contract - my parent employer does.


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## Racing_Goats (Sep 5, 2015)

Whatever agreement between the two companies, if you don't have a labour contract filed with MOL and a labour card in your name (that I believe you're required to carry by law?) The companies are acting illegally. 

They may have illegally obtained a labour card in your name as a clerk designation only requires a fingerprint and not signature but this is definitely illegal and may give you some leverage to get out early without complaining to MOL, but this may not help you as they can't take action against a company in India to ensure you get paid your dues. Maybe speak to the Indian Embassy about that part at least.

However I expect they haven't obtained a labour card as that would be subject to WPS (is this in place in dubai?) and require proof of salary paid monthly in accordance with the filed UAE labour contract. 

Do you have a visa stamped in your passport? (And do you have possession of your passport?).


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## kinshu321 (Jul 21, 2016)

Racing_Goats said:


> Whatever agreement between the two companies, if you don't have a labour contract filed with MOL and a labour card in your name (that I believe you're required to carry by law?) The companies are acting illegally.


My organization is semi-government, so we don't need a Labour Card - a stamped visa is enough. I doubt they will be doing anything _this_ illegal. I am employed as a Contingent Worker and can be terminated on a day's notice by the client. 



Racing_Goats said:


> They may have illegally obtained a labour card in your name as a clerk designation only requires a fingerprint and not signature but this is definitely illegal and may give you some leverage to get out early without complaining to MOL, but this may not help you as they can't take action against a company in India to ensure you get paid your dues. Maybe speak to the Indian Embassy about that part at least.


No alternative contracts signed by me. The only place i gave a fingerprint is at EIDA.




Racing_Goats said:


> However I expect they haven't obtained a labour card as that would be subject to WPS (is this in place in dubai?) and require proof of salary paid monthly in accordance with the filed UAE labour contract.
> 
> Do you have a visa stamped in your passport? (And do you have possession of your passport?).


My salary is not disbursed through WPS. My parent company bills the client on a monthly basis and the UAE company then clears the invoice through a Purchase Order. 

My office is in Dubai. And i do have possession of my visa stamped Passport.


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## Chocoholic (Oct 29, 2012)

kinshu321 said:


> My organization is semi-government, so we don't need a Labour Card - a stamped visa is enough. I doubt they will be doing anything _this_ illegal.


Wanna bet? Sadly some of these companies are the worst as they think the 'laws' don't apply to them.


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## Racing_Goats (Sep 5, 2015)

To add to Chocoholic's comment I've worked under two different govt visas in the past and both issued a labour card as well; just now I work as a consultant (contractor) seconded to a semi government entity by my employer, they won't let our staff working on the project in their building until we submit a valid labour card and residence visa, no exceptions.


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## kinshu321 (Jul 21, 2016)

There is some random stuff on in my organization.

1. I requested an exit for August 15, which has been denied. The threat is that they won't approve my visa cancellation before that date (with a possible outcome of my passport being marked Absconding or Blacklisted)
2. I have not been paid the salary for the month of June 2016 which is a clear violation of Indian Labour Laws (Payment of Wages Act 1936).
3. I am billed at a rate of 35k dhs pm while being paid a salary of 11.5k dhs. It does not make sense from a business point of view for the organization. 

There is something definitely unethical on. Whether it is clearly illegal - that is anybody's guess.


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## Standanista (Sep 26, 2014)

Racing_Goats said:


> To add to Chocoholic's comment I've worked under two different govt visas in the past and both issued a labour card as well; just now I work as a consultant (contractor) seconded to a semi government entity by my employer, they won't let our staff working on the project in their building until we submit a valid labour card and residence visa, no exceptions.


It's not always the case though. I work for the government (one of the well known authorities) and we don't have labour cards, just Emirates ID and a three year resident's visa in our passports. Nor are we covered by regular labour law. That's as a direct Government of Dubai employee however. I've no doubt there are differences when it comes to semi-government entities and government-arranged visas for non-direct hires etc.


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## Standanista (Sep 26, 2014)

P.S. The problem with labour law disputes on the public-private margin (like that of the OP) is that a lot of this is still a grey area: 1. it's not always clear which laws apply or who has jurisdiction; 2. as yet there's little Dubai or UAE case law been generated to provide guidance (i.e. such cases are in themselves fairly rare, plus are rarely brought to court to be tested); and, 3. the precedents which do exist are sometimes contradictory.


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