Work permit approval and visa without employee consent

Visit visas, work permits, residency visas Abu Dhabi, Dubai, UAE etc. Can I work on a visit visa? Who pays for my work permit? How long is my tourist visa valid for? More ...
Forum rules
Please add a follow up post if you have a question and find an answer. It will help other readers. Thanks :). Links: Visa Dubai | Dubai immigration | UAE immigration | Property visa Dubai |

Work permit approval and visa without employee consent

Postby bbaattss » 28 Dec 2014, 21:20

Hi Iam doctor worked for a clinic in abudhabi for one year and resigned. I came back to India 2 months ago. My labour card and residence was cancelled properly. I was on unlimited contract so was able to resign without any ban after one year.

Now I got one offer in reputed hospital. The hospital people applied for my labour approval it got rejected. The reason was already my previous employer took work permit approval and visa. The previous employer had my documents when I worked for them before. I did not sign them any offer letter or gave them any acceptance letter.

When I called them to find about the situation they said they will not cancel it and asked me to work for them only. They also said they renew my visa after sixty days and again keep me in India without job. I have been requesting them to cancel approval and visa. But they are not responding. Their only answer is " if u want u come and work for us."

I tried to apply for visit visa to come to UAE and complain in MOL it got rejected since my previous employer has processed my employment visa. Please suggest me quick and correct solution for my problem.
bbaattss
visitor
 
Posts: 2
Joined: 28 Dec 2014, 20:48

Re: Visa cancelled and reissued in Abu Dhabi

Postby shawarma » 29 Dec 2014, 02:03

If your labour card and visa were cancelled then it seems very strange that the company was able to get them issued again.

As part of the cancellation procedure you should have signed a document that says you received all salary and benefits owed to you.

Contact Abu Dhabi immigration and the Ministry of Labour (MOL), send them copies of that document, your cancelled visa, and cancelled labour card, and explain to them that you have not signed any new contract with your former employer, and that they processed a new visa and work permit for you without your consent.

You could try contacting a UAE embassy or consulate where you are, but my guess is they'd probably tell you to contact immigration and the MOL directly anyway.

Or contact a lawyer in Abu Dhabi to act on your behalf.

http://www.dubaifaqs.com/immigration-uae.php
http://www.dubaifaqs.com/lawyers-in-dubai.php
http://www.dubaifaqs.com/visa-cancellation-dubai.php
Please use the forum for questions, not the PM system.
shawarma
moderator
 
Posts: 3450
Joined: 27 Sep 2007, 00:39

Re: Work permit approval and visa without employee consent

Postby bbaattss » 29 Dec 2014, 06:01

Thanks for the reply. I tried contacting MOL people they said I can file complaint.

Since I cannot enter country as I don't get visit visa my relative has to given power of attorney to file a complaint on behalf of me. I don't have any relative there. My wife is also doctor in Abu dhabi but she is there in India along with me and she is due for delivery. She cannot travel for 2 to 3 months now.

As per ur suggestion can I appoint a lawyer on behalf of me. Please suggest me lawyer.

Or what I planned is I will accept their offer and ask them to send visa and then fight in labour after I go to abudhabi on their visa. Regards
bbaattss
visitor
 
Posts: 2
Joined: 28 Dec 2014, 20:48

Re: Filing complaint with MOL

Postby shawarma » 29 Dec 2014, 13:15

Try the MOL again, maybe more than once. And also try immigration.

It sounds like you ended up talking to someone unhelpful or who couldn't care less and is just turning up at the office to earn a salary. It's easy to tell people to go and do something else instead of actually helping them. Like I'm doing, I know. But I'm not the MOL or the immigration department, nor do I claim to be able to do anything to help.

That's a problem with government agencies and bureaucrats. The official line is that they are helpful, and that they are on your side, but it ends up depending a great deal on who you actually talk to. My own personal experience has been that patient and calm persistence sometimes (not always) pays off, but often with a difficult situation you have to end up talking to someone in charge, not just the help desk person.

I would be very careful about coming here on the company's visa. My concern is that by doing that you have implied that what they did was acceptable and legal, and the MOL and immigration might then say they can't do anything, or use it as an excuse to delay things and avoid dealing with a situation.

And especially given that so far, the company clearly is able to act unreasonably and get away with it, whereas so far the MOL is clearly not helping you resolve a situation that you should even be in. That might also indicate that your employer has a degree of wasta that overrides whatever the law says. Assuming your employer has broken the law. I can't imagine that what they did is legal, but then the MOL could have made that clear when you contacted them. Perhaps something to try and clarify if you contact them again.

I can't recommend a lawyer personally but try the list in the link I posted already, or ask the Indian consulate or embassy. They should have a list of recommended lawyers. They might also have some sort of liaison who can help you with your situation - they claim they do have departments to deal with labour issues but again, as they are bureaucrats, that might be more talk than action. There are also other welfare and action groups for Indians in the UAE who might be able to help. The embassy should have more details of which ones to try contacting.

http://www.dubaifaqs.com/wasta.php
http://www.dubaifaqs.com/ministry-of-labour-uae.php
http://www.dubaifaqs.com/embassies-in-abu-dhabi.php
Please use the forum for questions, not the PM system.
shawarma
moderator
 
Posts: 3450
Joined: 27 Sep 2007, 00:39


Return to Visas and work permits for the UAE

Who is online

Users browsing this forum: No registered users and 1 guest

cron