What You Need to Know About Employee Visa Cancellation After the Final Decision?

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December 25, 2023

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Introduction:

Navigating the particulars of a labour dispute and the subsequent court decision is an important aspect of employment relationships. When conflicts arise between the worker and the employer, and after the final decision of the court judgment, an employee's visa may be cancelled.

Understanding the specific process of employee visa cancellation after a final judgment is important. Ministerial Decision No. 47/2022 has precisely outlined the procedure for visa cancellation post-labour dispute resolution. This article explains these procedures as outlined in the ministerial decision.

Post-Judgment Worker Obligations:

Once a labour dispute reaches the final judgment stage, Article 3 of Ministerial Decision No. 47/2022 outlines obligations for the worker. Within 14 days of the court's approval, the worker must register the labour complaint at the competent court.

Importantly, during this period, the worker is prohibited from working for another employer without the Ministry's permission. Additionally, in the event of the termination of the labour relationship, the worker must promptly submit an application for the cancellation of the original work permit within 14 days of the final judgment.

Controlled Work Permit Cancellation:

Following the referral of a complaint to the Judiciary, Article 4 introduces controls for the cancellation of the work permit. If the worker's complaint results in work interruption, the employee's work permit faces cancellation 6 months after the complaint is referred to the Judiciary. This ensures a fair and defined timeline for the cancellation process.

Complaint of the Cancellation Application:

Worker's Complaint:

  • If the Ministry confirms that the worker is registered under a fake employer, cancellation procedures follow the worker's request with legal action against the employer.
  • If the Ministry can't reach the employer within five working days from the complaint registration or if the employer requests extra time, an additional five working days are granted. After this, cancellation proceeds unless the employer proves the worker is under investigation.
  • If the Ministry cancels the work permit, the worker must change their legal status within the stipulated duration. Any fines, if applicable, are transferred to the company’s file for delaying the work permit.

Ministry's Postponement in Labour Lawsuit:

If a labour lawsuit is filed, the Ministry may delay deciding on the complaint until the claim's validity is confirmed. This happens in cases where the employer claims the worker left during the probationary period without causing problems, the complaint of work interruption is valid, or the worker failed contractual obligations as per the employment contract.

Conclusion:

Understanding the procedures for employee visa cancellation post-judgment is important in resolving labour disputes. Ministerial Decision No. 47/2022 provides a clear guideline for workers and employers, ensuring a fair and just resolution.

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