أسئلة وأجوبة
My employer holds my passport and asks for visa expenses to cancel it. Should I pay?
Dear Sir/Madam,
I am an expatriate in Dubai. I joined a company in Dubai, and my contract started in November 2023. It is a limited contract. Due to some issues with the management, they informed me that I would have to leave the company in March 2024, which I did.
Upon asking them to cancel my visa so I can return home, they said I have to pay around 5000 AED towards the visa expenses. I have asked them for the exact amount, but they haven’t provided it yet.
My passport is with them. I would like to check whether I have to pay the visa expense to them.
Since I am not aware of the formalities, I haven’t approached the Labour Department to get my passport back to leave. I fear they may cause more trouble if I initiate a complaint.
I would like to seek your valuable advice on how to proceed to claim my passport and exit UAE.
Please help!
Hello,
Concerning seizing your passport, the UAE Labor Law does not allow any employer to seize the worker’s passport or any documents related to the worker. So you must contact the Ministry of Human Resources and Emiratisation.
As for the visa cancellation fees, they fall on the employer unless otherwise stipulated in the contract.
For further clarification, leave your WhatsApp number.
Dear Questioner,
Thank you for your question!
Regarding the above, we would like to inform you that, according to UAE labor law, if an employee resigns from their job before the end of their contract, they may be required to pay a penalty to their employer.
This penalty is usually equivalent to the expenses incurred by the employer for the recruitment and visa process.
However, the exact amount of the penalty should be stated in your employment contract.
If your employer is not providing you with the exact amount you need to pay, you can approach the Ministry of Human Resources and Emiratization (MOHRE) to file a complaint.
They will investigate the matter and determine the exact amount you need to pay. If your employer is found to be in violation of labor laws, they may be required to pay you compensation for any damages or losses you have incurred.
It is important to note that your employer cannot hold your passport as it is your personal property.
If they refuse to return it to you, you can also file a complaint with MOHRE. They will assist you in retrieving your passport and ensuring that you are able to exit the UAE without any further issues.
In conclusion, it is recommended that you approach MOHRE to resolve this issue and ensure that your rights are protected.
You can also seek the assistance of us as a legal professional for further guidance and support.
Kindly do not hesitate to contact us via phone or email.
Greetings,
Before we can properly advise you, we will have to look at your employment contract.
However, as a general rule, your employer may not recover visa costs from you.
Do reach out to us on WhatsApp so that we can have a look at your employment contract and advise you accordingly.
Good afternoon,
Please note that as per the UAE Labor Laws, the cost of recruitment (visa costs) must be borne by the Employer.
It is illegal for the employer to claim these costs from the employee.
Additionally, the laws do not permit employers to retain the passports of employees.
