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I am forced to resign due to the ill treatment from the employer. Do I have to pay my visa costs?

I'm in a free zone company. I started my employment in June 2024 and they gave me a visa in August 2024.

Now, I want to resign because my employer is always fighting with me. He said bad words to me and reduced my salary also from 3000 AED to 2500 AED because they said I was not doing my job well.

I said to them I wanted to resign, but they said if I resigned, I have to pay 10,000 AED for the visa cost as per my offer letter.

Help me with this, please

متميز
علوي الجابري للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
12 Nov 2024, 07:27

Yes, it's your probation period. If you leave now then you have to pay them this amount as compensation.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
12 Nov 2024, 07:29

Greetings.

You can file a complaint with the Ministry of Human Resources and Emiratisation.

The company must abide by the contract, and the contract may not be amended except with the consent of both parties and pursuant to a written and documented contract addendum.

We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us on WhatsApp.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
12 Nov 2024, 07:33

Hello,

Under UAE Labor Law, it is illegal for an employer to reduce an employee’s salary without the employee's consent.

Even if the employer claims that you're not performing well, any salary reduction should be agreed upon by both parties and reflected in a new amended employment contract.

If this change wasn’t agreed upon formally, the reduction is considered unlawful. Verbal abuse or any form of harassment by an employer is also unacceptable under UAE labor law.

If you’re being subjected to verbal abuse, this could be grounds for resigning without financial penalties, as it could be classified as constructive dismissal (when an employee is forced to resign due to an employer’s unreasonable behavior).

If your employer’s behavior is causing you to resign, this could be considered constructive dismissal, which means the employer’s actions (e.g., salary reduction, verbal abuse, and unreasonable demands) are forcing you to leave.

In such cases, you could be entitled to the same legal benefits as if you had been terminated by the employer, including severance pay, end-of-service benefits, and protection from the penalty clause in your contract.

You can file a complaint with the free zone authority or labor department in the free zone where your employer is based.

They will review your case and mediate between you and your employer.

For a detailed discussion kindly share your Whatsapp number.

متميز
جلال حسين للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
12 Nov 2024, 07:43

Dear Sir,

Firstly, in the event that the employer uses inappropriate language such as insults or defamation, you can, after proving the incident, file a criminal complaint against the employer.

Secondly, the agreed salary in the employment contract between the two parties cannot be reduced without the consent of both parties.

Thirdly, regarding their claim for 10,000 AED as the value of the visa, this is a preliminary matter, and no decision has been made yet by the competent court. You may submit a reason to respond to the claim.

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