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My employer made me sign a separate paper to pay visa charges. Do I have to pay it upon resignation?

I signed a contract that showed no visa compensation. After one month of work, my boss called me to sign a visa compensation paper and he has been deducting AED 500 every month.

Now that 7 months are done, I canceled and he told me that I should pay the balance.

Is this legal in the UAE?

Do I have to pay?

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
17 Dec 2024, 05:46

Hello,

If your original contract did not mention any visa compensation, then the employer cannot unilaterally impose this compensation without your agreement.

If the employer made you sign a visa compensation paper after you started working, it should be done with your consent and understanding of the terms.

In case of resignation or termination, the employer may ask for compensation for the visa cost if this was agreed upon.

However, such compensation must not exceed the actual visa costs, and it should be outlined in the contract.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
17 Dec 2024, 06:07

If the contract does not mention visa compensation, the employer should not deduct amounts monthly without prior agreement.

However, if a subsequent agreement was made regarding these deductions, it will depend on the details of the contract.

You can contact us via our office's WhatsApp, as we specialize in such matters and can provide you with the correct legal advice.

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
17 Dec 2024, 06:15

Dear Questioner,

Good morning.

Under UAE labor law, employers are responsible for all visa-related expenses, including application and renewal fees. Any agreement requiring employees to compensate employers for visa costs is not legally enforceable, even if signed.

Since your initial contract explicitly mentioned no visa compensation, and the deductions were implemented later, this practice violates UAE labor regulations. You are not legally obligated to pay the balance.

You can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) to recover the deducted amount and dispute any further claims from your employer.

For detailed assistance, please email your contract and related documents by email, and we will help you take appropriate legal action.

Best regards,

Mohammad Salah

Legal Consultant

متميز
عبدالحميد يوسف البلوشي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
17 Dec 2024, 06:50

Greetings,

According to labor law, this is illegal, and you can file a labor complaint claiming the amount that was deducted from your salary.

Best Regards

17 Dec 2024, 06:50

We are happy to assist you and to continue offering our support. Kindly consider giving us a like.

 

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
17 Dec 2024, 06:53

The initial contract you signed, which did not include any clause about visa compensation, should be the governing agreement.

Introducing a separate agreement later and enforcing deductions could be considered a breach of the original contract.

Article 6 of the UAE Labor Law explicitly states that employers are prohibited from charging employees for recruitment and employment costs, whether directly or indirectly. This includes visa expenses.

So, there is no need to pay.

If you need further clarification, you may ask.

متميز
إنجي نبيل للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
17 Dec 2024, 07:04

This is against the law and he is not entitled to deduct visa costs.

If you have any other inquiries, contact us by phone.

متميز
دار الحقوق للاستشارات القانونية
دردشة توظيف
اجتماع
17 Dec 2024, 07:28

Dear Client,

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

It is illegal for your employer to charge you for visa costs or deduct them from your salary under UAE Labor Law.

You are not obligated to pay any remaining balance, and you may also seek a refund for the amounts already deducted.

To resolve this, file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

For any further 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

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
17 Dec 2024, 10:59

No, it is not legal for your employer to retroactively deduct visa costs from your salary without an explicit agreement in your employment contract that is MOHRE contract.

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