What You Need to Know About Employee Visa Cancellation After the Final DecisionPosted by Dr. Hassan Elhais on December 26th, 2023 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:
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. Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
Dr. Hassan Elhais, legal consultant in Dubai along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law, company incorporation, and arbitration. Like it? Share it!More by this author |