I have an issue where an employee has a contract with [company removed] but has no visa and so she cannot work. [Company removed] is refusing to pay her because they have a subcontract agreement for the employee. However the subcontract agreement is not registered with MOHRE. [Company removed] is not renewing or cancelling her visa and she is now stuck without work or a way to leave the country.
Respostas de Advogados
Farahat & Co. - Auditing Firm and TAX Consultants
Feb 6, 2026
Feb 6, 2026
This situation is not lawful under UAE labour law, and the employee should not be left “stuck” without a visa or salary.
In the UAE, an employee cannot legally work without a valid residence/work visa issued by the employer. If the employment contract is with a company, that same company is responsible for the visa, salary, and legal status.
A subcontract agreement does not override labour law, especially if it is not registered with MOHRE. From a legal point of view:
- The unregistered subcontract has no effect on the employee’s rights
- The employer named in the contract remains fully responsible
- Refusing to pay salary because of an internal subcontract dispute is not allowed
Keeping an employee without a visa, without salary, and without cancelling or renewing the visa can expose the company to:
- MOHRE labour complaints
- Fines and penalties
- Claims for unpaid wages
- Immigration violations
What the employee can do
- File a complaint with MOHRE for non-payment of salary and lack of visa
- Request cancellation of the contract due to employer fault
- Seek permission to transfer or exit the UAE legally
- Claim compensation if losses were suffered
The employee should not be forced to stay in the UAE illegally, and the employer cannot block exit by refusing to cancel the visa.
If needed, this should be addressed urgently, as overstaying or working without a visa can create problems for the employee even though the fault lies with the employer.
In the UAE, an employee cannot legally work without a valid residence/work visa issued by the employer. If the employment contract is with a company, that same company is responsible for the visa, salary, and legal status.
A subcontract agreement does not override labour law, especially if it is not registered with MOHRE. From a legal point of view:
- The unregistered subcontract has no effect on the employee’s rights
- The employer named in the contract remains fully responsible
- Refusing to pay salary because of an internal subcontract dispute is not allowed
Keeping an employee without a visa, without salary, and without cancelling or renewing the visa can expose the company to:
- MOHRE labour complaints
- Fines and penalties
- Claims for unpaid wages
- Immigration violations
What the employee can do
- File a complaint with MOHRE for non-payment of salary and lack of visa
- Request cancellation of the contract due to employer fault
- Seek permission to transfer or exit the UAE legally
- Claim compensation if losses were suffered
The employee should not be forced to stay in the UAE illegally, and the employer cannot block exit by refusing to cancel the visa.
If needed, this should be addressed urgently, as overstaying or working without a visa can create problems for the employee even though the fault lies with the employer.
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