Friday 25 July 2014

Civil case possible for not providing visa

Civil case is possible in UAE against a prospective employer if they fail to provide a new visa. Civil cases in Dubai are handled by Dubai ...

Civil case is possible in UAE against a prospective employer if they fail to provide a new visa. Civil cases in Dubai are handled by Dubai Courts and Notary public.


If you had resigned from your previous employment after getting another offer letter and cancelled your visa. But your new prospective employer has not started any procedure for obtaining a work visa for you and the new company is not responding in any manner. Can you file a complaint against the new company or employer?

The Ministry of Labour does not have the appropriate
jurisdiction in this matter since there is no employment relation between you and your prospective employer.

In this situation, you may continue to follow up with the future employer for information and updates on your work visa. If you find that the prospective employer is not responding to your enquiries within a reasonable period, you may consider civil case, claiming for compensation in view of the fact that the employer induced you into leaving your job by promising a new job and then failing to fulfill their obligations.
The compensation may be claimed for employment loss and monetary benefits, mental harassment and also for breach of contract. You should have an original offer letter signed by the new employer with details of new job.
You should have sufficient proof to support your compensation claims at the court of competent jurisdiction. Letters and email communication from the prospective employer will add more support for the case.

It is advised that you appoint a legal practitioner in the UAE to provide you with necessary help in this case.

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