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Hi
I am working in a company in Hariyah freezone sonce april 2007. I am on Unlimited contract. I have resigned with one months notice as we did not get our salaries on time, nor do we have any medical insurance. I am with my family and kids. I find it very hard to live when salary is not there. Now my noctice period is over, but my boss is not cancelling my visa, he says he put a one year immigration ban on me, i have given a written complain in hamriyah authority moreover two other employees have done the same. We have no salary certificates and get money cash and have to beg every month for salary.
Pleas let me know if he can put a immigration ban on me. I am on engineer visa. And aslo how i can challenge the ban if applicable.

regards

Hariyah freezone

Which Emirate is this?

sorry its HAmriyah Freezone, sharjah

Then you take him to the rlevant authorities, they don't stand for this, his company will get a fine and their trade licence will be revoked. Report the company.

Chocoholic wrote:Then you take him to the rlevant authorities, they don't stand for this, his company will get a fine and their trade licence will be revoked. Report the company.

Careful it is Sharjah

And? A company I know got done in Abu Dhabi for the same things, the authorities are getting sick of companies acting in such a way, they throw the book at them now.

Threaten them with a tribunal.

stoned_prophet wrote:Hi
I am working in a company in Hariyah freezone sonce april 2007. I am on Unlimited contract. I have resigned with one months notice as we did not get our salaries on time, nor do we have any medical insurance. I am with my family and kids. I find it very hard to live when salary is not there. Now my noctice period is over, but my boss is not cancelling my visa, he says he put a one year immigration ban on me, i have given a written complain in hamriyah authority moreover two other employees have done the same. We have no salary certificates and get money cash and have to beg every month for salary.
Pleas let me know if he can put a immigration ban on me. I am on engineer visa. And aslo how i can challenge the ban if applicable.

regards

There are a few issues here.

1. Non-Payment of salary: Definetely report them to the authorities. You say you have "no salary certificate". Nevertherless, you must have a contract as you mentioned an "unlimited contract". This document should be sufficient to show that you are entitled to remuneration...

2. Health card. As part of your employment contract you are entitled to a health card (not the same as private health insurance) which allows you to obtain health care from certain health facitlities.

3. Employment Ban: The issue is not whether or not you gave timely notice but how long you were employed before you gave notice. In your case (based on your post) you only worked for them since April 2007 and must have given notice at the latest on November 30 (for it to have expired by now). Accordingly, you would have only worked for 9 months (from April 1 to December 30) which is less than one year . If you were working in Dubai outside the Freezone this would be a problem and woudl subject you to an employement ban. On the other hand, if you were working in say the JAFZ and moving to another companny within the freezone then you would not have a problem. Remember that the ban relates to the filing with the labor department something which is not done when employed at the free zone (filings are done at the freezone). You must check the specific rules for the freezone (and Emirate) where you are employed at the moment.

A suggestion is that you lodge the complaint against the employer about the non-payment of wages and health card matter and then wait until the year is over (April 2008) before resigning (if that is possible now) in which case there will be no "employment ban" issue. If the Employer fires you because you complained then you should be able to lift any ban as you will be able to demonstrate that your filing was in retaliation for your complains about salary (thus a wrongful termination of your employement contract). At the time you complain about the none payment fo salary you should also ask the free zone about the issues relating to you leaving your present employer etc.

Good luck and do not be intimidated by the fact that this is in "Sharjah" or that the company might be "connected" etc.

Another suggestion is that you look in this forum for other posts related to employement ban (use the search function at the top right of the forum) particulary those by "Dxbsoul" who is particularly knowledgeable about employment/labor matters in Dubai/UAE.


Good luck.

Thanks for the reply guys. Infact now all the employees in our company have resigned and we have given a written complain in Hamriyah freezone. Also i have another dooubt. My daughter is born in sharjah on August 17th. I could not make her passport as my boss was not giving my passport as it is retained by hamriyah freezone. I have put up a court case against him for this and the hearing will be on 2nd Jan. My doubt is that i have been told that in order to get my visa cancelled i have to cancel my family visa i.e my wife and son which i have already done and they have asked me to make my daughters passport, get it stamped and then get it cancelled. Only then my visa can be cancelled. Is this the actual rule of doing it. Also i just got a offer yesterday from a company in DIFC. I was actually heading home. But the offer i got is really good. I did not knwo i was worth this much here and i was working for almost 1/4th of this offer with my currrent employer.
Would appreciate if you could guide me for my baby's passport issue..

Really thankful to this site and thanks to all who replied. you people are doing a damn good Job. Keep it Up.

stoned_prophet wrote:Thanks for the reply guys. Infact now all the employees in our company have resigned and we have given a written complain in Hamriyah freezone. Also i have another dooubt. My daughter is born in sharjah on August 17th. I could not make her passport as my boss was not giving my passport as it is retained by hamriyah freezone. I have put up a court case against him for this and the hearing will be on 2nd Jan. My doubt is that i have been told that in order to get my visa cancelled i have to cancel my family visa i.e my wife and son which i have already done and they have asked me to make my daughters passport, get it stamped and then get it cancelled. Only then my visa can be cancelled. Is this the actual rule of doing it. Also i just got a offer yesterday from a company in DIFC. I was actually heading home. But the offer i got is really good. I did not knwo i was worth this much here and i was working for almost 1/4th of this offer with my currrent employer.
Would appreciate if you could guide me for my baby's passport issue..

Really thankful to this site and thanks to all who replied. you people are doing a damn good Job. Keep it Up.

Congratulations on the new offer. It alreayd looks like 2008 will be a better year for you and your family.

The issue with your daughter's visa and passport should not be a problem - you can't cancel something that you do not have (that is your daughther has no visa as she has no passport). Once you obtain her passport, after your hearing on 2 January, then you will be able to get her a visa in connection with the new employer. I do not believe you need to make any visa arrangements (or "cancellations" ) with the current employer. You should ask all of this during your court hearing on 2 January. In any event, your daughter needs some sort of "visa" to remain in the UAE (which is what you should ask the court and explain to them the situation with the current employer). It may be that all is required is an adminstrative step of granting and cancelling the visa in the same process (but only if necessary). If you think about it your wife and son already have their visas cancelled so they are in the "same" status with your daughter untill you get new visas (getting your daughther's passport is the primary goal).

Make sure that it is clear that there is no visa ban in connection with the mess you are in with that employer (it seems to me you should have no trouble).

Clearly you were being taken advantage of with 1/4 salary compared to the new offer (by the way, you are not the only one..)

Good luck.

good luck, mate, always sucks to hear stuff like this happen, i hope your case prospers, keep in touch and let us know how else we can help.

Thanks Guys

Will Keep you updated

Have a Happy New year Pray that may you all succeed in all your goals in life and one this world turn into a peacer and less warmer place to stay on

Cheers

It is situations/post like this that make's DF a worthwhile place despite all the bickering.

Thank you all especially you Concs, for helping this man.

And a prosperous new year to you Stoned P.

hi guys

Just to update you i had been in the court today, my boss did not turn up and they asked me to come on the 10th jan.

I wonder when this gets over

Happy New year to ALL