If employee signs 'work allow cancellation' without receiving his dues, it is assumed he has no claims against the employer
My hubby was employed for 38 years alongside a companionship in addition to he retired due to wellness issues. He had signed a document stating that he has received his gratuity in addition to pay till appointment equally this was required yesteryear his employer to cancel his visa. The employer did non pay the destination of service benefits in addition to air ticket fare till date. On enquiring, the companionship informed my hubby that he has signed a document confirming receipt of all his dues. Also, the employer has non paid the destination of service benefits in addition to at that spot is no prove of the payment beingness made. Do I guide maintain whatever legal agency through which to recover the dues?
Pursuant to your queries, y'all should non guide maintain signed 'work allow cancellation' document without receipt of your dues from the employer.
Influenza A virus subtype H5N1 locomote allow of an employee volition alone survive cancelled i time an employee signs the 'work allow 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 non accept upwards your electrical load equally the locomote allow of your hubby is already cancelled in addition to he is non nether the sponsorship of said employer.
However, considering your husband's long tenure alongside the company, the ministry building may get-go alongside filing a electrical load against the employer inward accordance alongside Article iv of the "Ministerial Resolution No. 724 of 2006 On the Administrative Cancellation of Sponsorship" which states: "Without prejudice to the higher upwards mentioned, the rules in addition to procedures stipulated inward the police in addition to executive resolutions in addition to regulations regarding the facilities that create non settle the obligations held against them shall survive implemented."
Further, y'all may initiate legal proceedings against the employer earlier a courtroom of competent jurisdiction.
Ashish Mehta is the founder in addition to Managing Partner of Ashish Mehta & Associates. He is qualified to work police inward Dubai, the United King. Full details of his theatre on: www.amalawyers.com. Readers may email their questions to: news@khaleejtimes.com or ship them to Legal View, Khaleej Times, PO Box 11243, Dubai.