Our company is deducting visa payments. Is it lawful?

Dear Sir/Madam,

Thank you for bringing this important matter to our attention!

Regarding your company's practice of deducting visa payment from employee salaries, I can provide the following professional guidance based on current UAE labor laws:

1. Legal Framework:

According to Federal Decree-Law No. 33 of 2021, employers are prohibited from charging employees for visa costs or recruitment fees.

2. Specific Provision:

Article 6 of the aforementioned law explicitly states: "The employer is prohibited from charging the worker for the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly."

3. Scope of Prohibition:

This regulation covers all visa-related expenses, including work permits, residency visas, and mandatory health insurance.

4. Contractual Clauses:

Any clause in an employment contract allowing for visa cost deductions would be considered invalid under UAE labor law.

Given these legal provisions, the deduction of visa payments from your salary is not in compliance with UAE labor regulations. You may consider the following steps:

a. Communication:

Initiate a written dialogue with your employer, seeking clarification and asserting your rights under the law.

b. Official Complaint:

If the issue remains unresolved, you have the right to file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

Please note that these protections apply to all employees, regardless of visa status or length of employment.

If you require any further clarification or assistance, please don't hesitate to ask us.

Yours sincerely,

Greetings,

In the UAE, employers are generally not allowed to deduct visa costs from employees, as per UAE Labour Law.

Visa expenses are the responsibility of the employer, and any unlawful deductions could be challenged legally. However, specific circumstances may affect this rule.

For a detailed review of your case and legal options, book a consultation with us today!

Generally, under UAE Labor Law, employers are responsible for the costs associated with obtaining and renewing employment visas for their employees.

UAE Labor Law restricts the types of deductions that employers can make from an employee's salary. Unauthorized deductions are illegal.

Your employment contract is a crucial document. If it explicitly states that you are responsible for visa costs, or if you have agreed to this in writing, it might be considered a valid agreement. However, even with a contract, some clauses can be viewed as conflicting with the labor law.

Hello,

Under UAE Labour Law (Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations), the employer is fully responsible for all employment-related expenses, including visa fees.

1. Is It Legal for Your Employer to Deduct Visa Costs?

No, it is unlawful. According to Federal Decree-Law No. 33 of 2021, employers are strictly prohibited from passing any recruitment or visa-related costs onto employees. This includes:

- Work permit fees

- Visa issuance & renewal fees

- Medical fitness test & Emirates ID fees

Any deductions made for these costs are a violation of UAE law and can be challenged.

2. What Can You Do?

a. Raise an Internal Complaint and send a formal legal notice via email.

b. You may formally request HR to reverse the deduction, citing the UAE Labour (Law Federal Decree-Law No. 33 of 2021)

c. Keep all communication in writing for legal records and send formal legal notice via email.

3. File a Complaint with MOHRE:

If the employer refuses to comply, you can file a complaint with the Ministry of Human Resources & Emiratisation (MOHRE). MOHRE will investigate, and if the employer is found guilty, they could face penalties and legal action.

4. Take Legal Action:

If the issue persists, you may file a labour dispute at the Labour Court, where you can claim a refund of the deducted amount and potential compensation.

5. How I Can Assist You:

- Draft a formal legal notice demanding the return of unlawfully deducted funds.

- Assist with filing a complaint at MOHRE for an official investigation.

- Represent you in Labour Court if further legal action is needed.

I recommend taking immediate action to ensure your rights are protected. Let’s discuss your case further and determine the best legal approach.

Looking forward to assisting you!

Best regards,

Omar Mosaad

Senior Legal Consultant

Dear questioner,

The employer is responsible for covering the costs of recruitment and visa issuance and cannot deduct them from the employee’s salary. You can file a complaint with the Ministry of Human Resources and Emiratisation to recover any unlawfully deducted amounts.

For legal assistance, feel free to contact us.

Mohamed Salah Shoeib

Legal Consultant

Greetings,

No, it is illegal, and the company should not receive any money to process the staff visa.

Best Regards,

Under UAE labor laws, employers are generally responsible for covering visa costs and are not permitted to deduct these expenses from employees' salaries.

However, certain factors, such as specific contractual agreements or free zone regulations, may affect this.

To properly assess your situation and determine the best course of action, I recommend reviewing your employment contract and company policies. I have successfully handled similar cases and can guide you on the best legal steps to protect your rights.

Feel free to reach out to me via WhatsApp or phone to discuss your case further.

Best regards,

Suhail Rana