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Can the employer ask me to pay my visa costs if I resign during the probation period?

I am on a limited contract and rendering my 30-day notice. I am in my 4th month and still under the probationary period.

My internal contract says that if I resign in less than a year, I have to pay the visa costs. But on the other hand, the contract that was submitted to labor doesn't have a clause about the visa costs.

Is it valid for them to let me pay the visa costs?

Will I get banned if I don't pay?

متميز
النجار أند بارتنرز
دردشة
توظيف
اجتماع
24 Nov 2023, 09:11

Dear questioner,

Following the current UAE Labor Law, the employer shall be prohibited from charging the worker the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly.

In the event that the worker wishes to move, during the probation period, the new employer shall compensate the original employer with the costs of recruitment or contracting with the worker, unless agreed upon otherwise.

As a result, visa expenses must be borne by the employer even if the employee has not completed the probation period in service, even if it is in the internal contract, the clause will be considered invalid under the UAE Labor Law.

In conclusion, you should not be required to pay visa costs if you resign from your job before the end of your probation period.

If your employer insists on charging you for these costs, you can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

Please feel free to reach out to me if you have any further questions.

متميز
دار الحقوق للاستشارات القانونية
دردشة توظيف
اجتماع
24 Nov 2023, 10:27

Dear Client,

Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.

If the contract submitted to the UAE Ministry of Labour doesn't contain a clause about visa costs, then it may not be legally valid for your employer to ask you to pay the visa costs upon resignation.

However, it's essential to consult with the Ministry of Labour to clarify your specific situation and ensure you fully understand your rights and obligations.

Failure to pay visa costs should not result in an automatic ban, but it's essential to confirm this with the authorities.

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 definitely be happy to help you.

Thanks & Regards

ABDUL WAHIED

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
24 Nov 2023, 11:45

If you leave the company during the probation period, you are not required to reimburse any of the costs.

Otherwise, you need to pay the costs mentioned in the contract.

سايماكس لو
دردشة
توظيف
اجتماع
27 Nov 2023, 18:56

Hi

This is Nada,

If this clause is written in the contract you need to pay the cost of the visa. They can not ban you but they can file a case against you or even make an absconding report.

If you require any legal services in the UAE, please contact me by phone.

Regards,

Nada

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