أسئلة وأجوبة
Can I resign during probation without paying the training and visa costs mentioned in the contract?
Hello,
A month ago, I joined a company with a probation period of six months, but now I have received another opportunity that is better for me.
However, my contract states that I must pay 5,000 AED to my current employer for training and visa costs if I choose to terminate the contract of my own free will.
However, I have not received any training so far. The contract states:
The Second Party shall be obliged to pay back the value of the training (which is estimated at an amount of 5,000 AED) when they terminate the employment contract based on their own free will (within one year) from the date of commencement of their contract, without prejudice to the First Party's legal or contractual obligations. (The amount agreed upon for the value of the training period must be commensurate with the employment period of the employee).
Can I resign from my current company and join another without paying?
Dear Inquirer,
Based on the contract you shared, the clause regarding the training cost repayment typically applies if you voluntarily terminate your contract within the first year.
However, since you have not received any training, there may be grounds to challenge the requirement to pay the specified amount.
Given the complexity of this issue and the potential for legal disputes, we strongly recommend consulting with us to understand your rights and options.
Your ability to resign without paying the AED 5,000 depends on several legal factors under UAE labor law.
While your contract mentions a repayment obligation for training and visa costs, you have the right to challenge it if no actual training has been provided.
UAE labor law requires that training costs be justified and proportionate to the employment duration.
If your employer cannot prove that you received training, they may not have a strong claim for the payment.
Additionally, if this clause is deemed unreasonable or excessive, you may have legal grounds to dispute it.
To assess your case thoroughly and determine the best approach, I recommend we discuss the specifics of your contract and employment history.
Feel free to reach out to me via WhatsApp or phone at [----------] to explore your options and ensure a smooth transition to your new opportunity.
Best regards,
Suhail Rana
Dear questioner,
The employer can only recover training costs if actual training was provided and there is a written agreement. Since you haven’t received any training, you can dispute the payment.
For further legal assistance, feel free to contact me.
Mohamed Salah Shoeib
Legal Consultant
Dear Valued Client,
Thank you for bringing this employment matter to our attention!
Based on the information provided and our understanding of current UAE labor laws, we offer the following professional assessment:
1. Contractual Obligations:
The clause in your contract regarding repayment of training and visa costs is generally enforceable under UAE law. However, several factors merit consideration:
a) You are still within the probation period, which allows for more flexibility in contract termination.
b) You state that no training has been provided to date.
c) Visa costs are typically the employer's responsibility and should not be passed on to employees.
2. Legal Framework:
According to UAE Labor Law, the stipulated amount for training costs must be "commensurate with the employment period of the employee."
Given your short tenure and the lack of actual training, this amount may be contestable.
3. Termination Process:
You have the right to terminate your contract during the probation period, subject to the notice period specified in your contract or as per UAE labor law.
4. Recommended Course of Action:
a) Thoroughly review your employment contract, paying close attention to termination clauses and notice periods.
b) Engage in a discussion with your current employer, emphasizing the lack of training provided.
c) If an amicable resolution cannot be reached, consider filing a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) for mediation.
5. Potential Risks:
While you can resign and accept the new opportunity, it's crucial to follow proper procedures to avoid potential legal complications or employment bans in the UAE.
Given the complexities of your situation, we strongly recommend scheduling a consultation with a legal professional specializing in UAE labor law.
This will allow for a comprehensive review of your contract and the development of a strategy tailored to your specific circumstances.
Should you require further assistance or wish to proceed with a consultation, please don't hesitate to contact our office.
Yours sincerely,
Dear Inquirer,
We are pleased to serve you and address your inquiries.
If the worker or employer wishes to terminate the contractual relationship, they must notify the other party one month in advance and specify their position regarding the work during the notice period.
Actual training must be received for the worker to be held accountable for it.
Jasim Al Haddad Advocates & Legal Consultants
