My Previous company had made my release difficult for me after my resignation and also did not pay my dues, so I had to lodge a case with Ministry of Labor and the Labor court. Both court of First instance and the Appeals court ruled that my relationship with the company is not that of Employer and Employee. The Appeal’s Court asked me to go back to the court of First Instance to claim my remaining dues.
Two companies have given me offer letter for Associate Manager and Senior Manager level and are awaiting my final decision to join either of them, after cancellation of my visa. The previous company’s visa expired on 28th April, 2013. The company wanted the MOL to put a ban on me but based on the court’s ruling, MOL refused to put a ban on me and also warned the HR Director to come to the Labor office in the court for cancellation of my Labor card failing which within 7 days, MOL will cancel the Labor card on its own. On 23rd May, 2013, the company’s HR Director came to cancel my Labor card. He was asked to go with me to the Immigration to cancel my visa straightaway, but after coming out of the Labor office, he refused to go with me to Immigration and asked me to complete the cancellation formalities myself.
I was not fully aware of the procedure to be followed for the cancellation when I had dependants’ visa (maid and my son) on my sponsorship. I was trying to put them on hold before cancelling my visa. 3-4 days were lost in that process and finally I was told that the rules have changed and I will have to cancel all the dependants’ visa and get them issued afresh. When I went for cancellation, I was asked to get a clearance from Section 15 where I was told that I have been reported absconded on 29th May, 2013. I was told to get an application “ Rafaa Balagh al ghoroob” typed and go to “ Munazaat” in Immigration / Prosecution office in Al Aweer to get the absconding report and the visa cancelled.
I have no objection in paying the penalty for overstay even though the delay was not intentionally done by me. The delay could have been easily avoided if the HR Director has gone to the Immigration department to cancel my visa, as instructed by the officer in the Labor Office in the court. The company had delayed my cancellation of labor card and visa with malafide intentions and reported me absconded when I have not absconded. This they may have done to ensure that I have to exit the country and neither be able to claim my dues through the court nor be able to work here.
I have submitted application “ Rafaa Balagh al ghoroob” in the “ Munazaat” section of Immigration office in Al Aweer today and they have said that they would call back in 2-3 days after confirming with the previous employer.
I need assistance to file a case in the court for the following:-
(1) Interim injunction addressed to Immigration to not force my exit out of the country and cancel the expired visa to allow visa transfer to other companies or on my wife’s sponsorship. ( Both options are available to me.
(2) Claim my pension fund money that the company had deducted from my earnings and
(3) Compensation for the harassment, loss of income etc and recover costs with 9% legal interest.
All documentary proofs are available with me.