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Friday, September 15, 2017

Don't Sign Visa Cancellation Papers Without Getting Dues : You Might Never Get It


When I was in Kuwait, working in a company that holds chains of restaurants across the state, I decided not to renew my contract after 6 years of working in one of their restaurants located at 360 Mall. When we went to the Ministry of Labor for my visa cancellation, the company lawyer who was assisting me approached me and told me to tell the ministry authorities that I had already received all my dues including the plane ticket, otherwise my visa will not be cancelled and I may need to wait for few weeks more for it to be completed. However, he promised me that the company will pay everything. Lucky for me because they did what they promised and I went home with everything I deserve to get.  The point is, every company in the Middle East might be possibly doing the same, wait for your visa to be cancelled before giving all your dues. Always the better if they keep their promises but what if they don't?   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.     Sponsored Links A concerned wife asked a query on the legal view section ogf Khaleej Times, a UAE Based news company, about her husband who worked for a very long time in a company. When he already wasn't capable of performing his duties due to sickness, he decided to retire. The company made himsign a document confirming that he already received all the dues for his visa to be cancelled but unfortunately, the company did not pay him anything including the end of service benefit he deserve for working for the company for 38 long years. Unfortunately, after signing the confirmation that he already received all his dues, the company did not live up to what they had promised and he can no longer claim anything from the company because his visa was already cancelled.  Ashish Mehta, the founder and Managing Partner of Ashish Mehta & Associates  who provided a legal answer about the query said:  "Pursuant to your queries, you should not have signed 'work permit cancellation' document without receipt of your dues from the 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."  Source: Khaleej Times Advertisement Read More:        ©2017 THOUGHTSKOTO
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When I was in Kuwait, working in a company that holds chains of restaurants across the state, I decided not to renew my contract after 6 years of working in one of their restaurants located at 360 Mall.
When we went to the Ministry of Labor for my visa cancellation, the company lawyer who was assisting me approached me and told me to tell the ministry authorities that I had already received all my dues including the plane ticket, otherwise my visa will not be cancelled and I may need to wait for few weeks more for it to be completed. However, he promised me that the company will pay everything. Lucky for me because they did what they promised and I went home with everything I deserve to get.

The point is, every company in the Middle East might be possibly doing the same, wait for your visa to be cancelled before giving all your dues. Always the better if they keep their promises but what if they don't?

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. 



When I was in Kuwait, working in a company that holds chains of restaurants across the state, I decided not to renew my contract after 6 years of working in one of their restaurants located at 360 Mall. When we went to the Ministry of Labor for my visa cancellation, the company lawyer who was assisting me approached me and told me to tell the ministry authorities that I had already received all my dues including the plane ticket, otherwise my visa will not be cancelled and I may need to wait for few weeks more for it to be completed. However, he promised me that the company will pay everything. Lucky for me because they did what they promised and I went home with everything I deserve to get.  The point is, every company in the Middle East might be possibly doing the same, wait for your visa to be cancelled before giving all your dues. Always the better if they keep their promises but what if they don't?   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.     Sponsored Links A concerned wife asked a query on the legal view section ogf Khaleej Times, a UAE Based news company, about her husband who worked for a very long time in a company. When he already wasn't capable of performing his duties due to sickness, he decided to retire. The company made himsign a document confirming that he already received all the dues for his visa to be cancelled but unfortunately, the company did not pay him anything including the end of service benefit he deserve for working for the company for 38 long years. Unfortunately, after signing the confirmation that he already received all his dues, the company did not live up to what they had promised and he can no longer claim anything from the company because his visa was already cancelled.  Ashish Mehta, the founder and Managing Partner of Ashish Mehta & Associates  who provided a legal answer about the query said:  "Pursuant to your queries, you should not have signed 'work permit cancellation' document without receipt of your dues from the 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."  Source: Khaleej Times Advertisement Read More:        ©2017 THOUGHTSKOTO

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A concerned wife asked a query on the legal view section ogf Khaleej Times, a UAE Based news company, about her husband who worked for a very long time in a company.
When he already wasn't capable of performing his duties due to sickness, he decided to retire. The company made himsign a document confirming that he already received all the dues for his visa to be cancelled but unfortunately, the company did not pay him anything including the end of service benefit he deserve for working for the company for 38 long years.
Unfortunately, after signing the confirmation that he already received all his dues, the company did not live up to what they had promised and he can no longer claim anything from the company because his visa was already cancelled.


Ashish Mehta, the founder and Managing Partner of Ashish Mehta & Associates  who provided a legal answer about the query said: 

"Pursuant to your queries, you should not have signed 'work permit cancellation' document without receipt of your dues from the 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."
When I was in Kuwait, working in a company that holds chains of restaurants across the state, I decided not to renew my contract after 6 years of working in one of their restaurants located at 360 Mall. When we went to the Ministry of Labor for my visa cancellation, the company lawyer who was assisting me approached me and told me to tell the ministry authorities that I had already received all my dues including the plane ticket, otherwise my visa will not be cancelled and I may need to wait for few weeks more for it to be completed. However, he promised me that the company will pay everything. Lucky for me because they did what they promised and I went home with everything I deserve to get.  The point is, every company in the Middle East might be possibly doing the same, wait for your visa to be cancelled before giving all your dues. Always the better if they keep their promises but what if they don't?   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.     Sponsored Links A concerned wife asked a query on the legal view section ogf Khaleej Times, a UAE Based news company, about her husband who worked for a very long time in a company. When he already wasn't capable of performing his duties due to sickness, he decided to retire. The company made himsign a document confirming that he already received all the dues for his visa to be cancelled but unfortunately, the company did not pay him anything including the end of service benefit he deserve for working for the company for 38 long years. Unfortunately, after signing the confirmation that he already received all his dues, the company did not live up to what they had promised and he can no longer claim anything from the company because his visa was already cancelled.  Ashish Mehta, the founder and Managing Partner of Ashish Mehta & Associates  who provided a legal answer about the query said:  "Pursuant to your queries, you should not have signed 'work permit cancellation' document without receipt of your dues from the 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."  Source: Khaleej Times Advertisement Read More:        ©2017 THOUGHTSKOTO
Source: Khaleej Times
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©2017 THOUGHTSKOTO
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