Visa cancellation

My labour contract is limited and I have submitted my resignation.

  • Published: 19:12 March 8, 2012

SUBJECT
Employment

Visa and Passport
  • Image Credit: Supplied


I have had a court case against my company for more than one-and-a-half years after having worked for them for 19 months. My labour contract is limited and I have submitted my resignation. I have now had a judgement in my favour from the Appeals Court and Supreme Court. Both court appeals mentioned in their judgement that my resignation was according to the labour law and have begun an execution case. Recently, my work visa and residence expired so I was forced to cancel them at the Labour Ministry. I had been forced by my company not to cancel my visa when I began the court case. The problem I now may face upon cancellation is a one-year ban for breaking a limited contract by the Ministry of Labour. I feel that after having been forced not to cancel for one and a half years due to the case, and to get a further one-year ban seems very unfair. If I had not been forced by my company and had cancelled when I started the case, the one-year ban would already have expired. Please advise me on how to lift this ban. Thanks.

The labour rights have been wrongly interpreted in this case. Once a case was filed, he could have worked temporarily by obtaining a temporary work permit from the Ministry of Labour for six months, renewable for a further six months if the case had not been decided yet. Also, he could have asked the Ministry of Labour to cancel his residency and return to his country after appointing a lawyer to follow up the case before the court. Therefore, he could transfer to a new company and no ban will be imposed if the court judgement shows that he has been forced to submit his resignation and break his limited contract.

 

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Advisers