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Do I need to pay my company any compensation if I resign during probation?

I worked for a company and due to the lack of work-life balance affecting my mental and physical health, I submitted my resignation according to the contract I signed.

The contract stipulated a two-month notice period during my probation as I joined this company on 05 Dec 2023.

I submitted my resignation on March 20 stating my last working day as May 20 But the company released me on April 16.

However, for the month of March, I did not receive my salary.

Now the company is asking me to sign the visa cancellation letter In this letter there is a clause stating "I certify that I have received all my dues up to date - Employee signature" but I have not received my salary.

I also explicitly asked them whether they would deduct any amount for the visas as some people have told me that some companies do such things even when nothing is mentioned in the contract.

They replied to that email stating they would provide dues but did not mention any specific date.

Please advise me on how to proceed.

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
18 Apr 2024, 11:31

According to UAE labor law, an employer is required to pay an employee their full salary for the notice period, even if the employee is released early.

In your case, since you submitted your resignation during your probation period, the notice period is two months.

This means that your employer should have paid you for the full month of March, even though they released you on April 16.

You should first try to resolve the issue with your employer by providing them with a copy of the labor law and explaining your rights.

If they still refuse to pay you, you can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE).

You can do this online through the MOHRE website or by visiting one of their offices.

In terms of the visa cancellation letter, you should not sign it if it includes a clause stating that you have received all your dues when you have not.

You can ask your employer to remove this clause or provide a separate letter stating that you have not received your salary for the month of March.

It is important to note that withholding an employee's salary is a serious violation of labor law and can result in penalties for the employer.

Therefore, it is important to take action and seek assistance from the MOHRE if your employer refuses to pay you.

Additionally, if your employer does deduct any amount for visas without your consent, you can also file a complaint with the MOHRE.

Employers are not allowed to deduct any amounts from an

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
18 Apr 2024, 11:32

Dear questioner

As per UAE Labor Law, the employee is not required to reimburse the cost of the visa if he/she resigns during the probation period.

Also, you can make a complaint in MOHRE for the pending salary.

If you need further clarification please share your Whatsapp number.

متميز
علوي الجابري للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
18 Apr 2024, 12:30

In probation, you are liable to pay them but if the company didn't ask you for that, then you can request for the salary.

متميز
ليكس ريسولفو للاستشارات
دردشة توظيف
اجتماع
18 Apr 2024, 20:10

Hi,

We are sorry to hear that your well-being has been affected.

We appreciate that you have formally requested your owed dues, and the company has failed to fulfill its obligation.

We recommend that you serve them a legal notice demanding the release of those funds. We are willing to help you achieve a desirable outcome.

Do not worry if you have to leave the country due to visa issues, as we will take full responsibility and ensure you receive what you are owed.

To avoid further delays, please contact us on WhatsApp.

19 Apr 2024, 04:30

Thank you for your answer!

Actually, I'm planning to transfer my visa to a husband-sponsored visa, as my husband also works here. Is that possible?

19 Apr 2024, 05:43

Yes, that is very much possible. What can we help you with?

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
23 Apr 2024, 05:48

Dear Questioner,

During the trial period, either party to the employment contract may terminate the contract without end-of-service benefits.

If the worker leaves work on his own initiative during the probation period, he must pay the recruitment costs.

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