أسئلة وأجوبة
Can an employer deduct visa charges from salary before resignation?
Dear Sir/Madam,
I resigned from my position after working for 6 months (limited contract) because I was not satisfied and the company was not providing the basic conditions of employment.
The accommodation was not provided as stipulated in the contract, transportation to and from work was not provided, medical insurance was not provided, and my salary was always paid in installments.
I submitted my resignation to serve a one-month notice period, but the company refused to allow me to serve the notice period and instead demanded that I resign immediately.
I have requested that my visa be canceled and my passport be returned to me (which has been in their possession), but they are asking me to pay for the visa costs.
Is it legal for them to deduct the visa charges from my salary that I earned before resigning?
Appreciate your response in this matter!
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
It is not legal for your employer to deduct visa costs from your salary without your agreement.
Seek assistance from MOHRE to resolve the issue and retrieve your passport.
For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.
We will be happy to help you.
Thanks & Regards,
ABDUL WAHIED
Dear Questioner,
Yes, the company can ask for the visa charges.
Also, you can challenge this by filing a complaint in MOHRE if the terms of your contract to provide you accommodation, and transportation conditions were not fulfilled by your employer and there is a breach on the part of your employer.
Thank you for reaching out and providing details regarding your employment situation.
I understand the challenges you have faced during your tenure at the company, and I appreciate your diligence in seeking guidance on this matter.
Based on the information you've shared, it appears that your employment conditions did not align with the agreed-upon terms of your contract.
In the UAE, labor laws are in place to protect the rights of employees, and deviations from these regulations can have legal implications for the employer.
Regarding your specific concerns:
Notice Period: According to UAE labor law, both the employer and employee are typically required to abide by the notice period specified in the employment contract. If the company has refused to honor the notice period, it could be a breach of contract.
Visa Cancellation Costs: It is important to note that, under UAE labor laws, visa costs are typically the responsibility of the employer. If the company is requesting you to bear these costs, it may be inconsistent with labor regulations.
I recommend taking the following steps:
Document Everything: Ensure you have documented evidence of your employment contract, any communication regarding the notice period, and any other relevant details.
Request a Meeting: Approach your employer to discuss these concerns amicably. Share your documentation and express your desire for a fair and legal resolution.
Legal Consultation: If your concerns are not addressed satisfactorily, it may be advisable to seek legal advice. As an attorney, I can assist you in understanding your rights, evaluating the situation, and taking appropriate legal action if necessary.
Please feel free to reach out to me via WhatsApp or phone to discuss your situation further. I am here to provide the guidance and support you need during this process.
