I have not got my end of service benefits, my UAE visa is not cancelled and have a ban. How to claim my settlement?
Q: I have not got my end of service benefits as promised by the company, Due to this my visa is still not cancelled nor my settlement is received. Due to this I am not able to go back to UAE. Please advice from where I can claim my settlement as I am in India now?
A: Normally when you resign your work contract will be terminated.. To cancel your visa you should sign a paper stating that you received all your dues and benefits ( End of Service Benefits ). If you leave the UAE without canceling your visa, you will be reported as absconding and a BAN can be imposed on you. Seems like you have not signed the end of contract agreement?
In your case, You should register a complaint with the MOL (UAE Ministry of labour) for canceling your employment contract , explaining everything in detail. If the Labour Department accepts your plea then you will be spared from Ban. If there is a labour ban then it will be revoked.
Once ban is removed, you can get there and initiate a law suit against company for settlement.
There is a time limit for claiming the settlement. Article 6 of the UAE Labour Law states that no claim of any entitlement due will be heard if brought to court after the lapse of 1 year from the date on which such entitlement became due.
If your claim has passed the limitation period of 1 year, cannot make any claims in the court or in the MOL. else, you must immediately file a complaint with the Ministry of Labour.
UAE Ministry of Labour, Call centre For any Labour issues, call 800 665 ; 800-66473
Tel : 971 4 7023333
Fax : 971 4 4494293
Email: callcenter@mol.gov.ae
UAE Ministry of Labour website : mol.gov.ae
Read the conditions for UAE Job Contract termination.
Always remember: You should sign the end of service contract only after making sure that you have received all your End of Service Benefits. If you signed the agreement , it means you admit that company has paid all the dues and you received it..But due to some reasons if company could not pay it..then it becomes your responsibility to prove that you have not received the benefits.