Question:
How can an employee initiate visa cancellation in case of termination with an employer dispute?
Answer:
To initiate visa cancellation after the termination of employment, employees may follow the procedures outlined in Ministerial Decision No. 47/2022, which regulates the processes of labour disputes and complaints. This decision amends the regulations established by Federal Decree-Law No. 33/2021, which governs the regulation of labour relations.
According to Ministerial Decision No. 47/2022, the process for an employee to request visa cancellation after employment termination involves several steps. In the event of a labour dispute, both the worker and the employer may submit a labour complaint to the Ministry of Human Resources and Emiratisation (MoHRE) within 30 days of breaching obligations outlined in the labour contract or the Decree-Law on the regulation of labour relations. The MoHRE then takes the necessary procedures for settlement within 14 days of receiving the complaint, and if a settlement is not reached, the complaint is referred to the judiciary.
Article 3 of Ministerial Decision No. 47/2022 outlines the obligations of the worker if the complaint is referred to the judiciary. In the case of termination of the labour relation between the employer and employee, the employee is required to submit an application for the cancellation of the work permit within 14 days from the issuance of the final judgment concerning the labour lawsuit. Additionally, the worker may request to obtain a temporary work permit to work for a new employer during the consideration of the lawsuit, excluding cases of work interruption. The MoHRE may cancel the work permit if the complaint leads to work interruption after 6 months from the date of referral to the judiciary.
Furthermore, in the case of the complaint for cancellation, Article 5 provides remedial measures based on the worker’s request for work permit cancellation without employer approval. If the MoHRE proves that the worker is registered for a fabricated employer, cancellation procedures shall be carried out per the worker’s request, with legal actions taken against the employer. The MoHRE may extend the duration of cancellation procedures if the employer fails to respond within 5 working days or requests additional time. If the worker’s complaint results in the cancellation of the work permit, the worker may amend employment status within the specified duration according to the law.
In summary, adherence to the provisions of Ministerial Decision No. 47/2022 is essential for employees seeking visa cancellation after the termination of employment. The process includes the timely submission of a labour complaint, settlement attempts by the MoHRE, and referral to the labour court if needed.
