أسئلة وأجوبة

اسأل محاميًا
جميع المدن, الإمارات العربية المتحدة

How can a helper transfer from a private employer to an agency after 6 months?

Hello,

There is a helper that I would like to employ through an agency, but this helper is currently under a private contract with an employer. She has been under this contract for 6 months.

How would she be able to leave that job and come work for me under an agency?

Would she need to pay back any visa costs?

Legal advice would be much appreciated.

متميز
دار الحقوق للاستشارات القانونية
دردشة توظيف
اجتماع
29 Apr 2025, 04:40

Dear Client,

Thank you for your inquiry regarding the process of employing a helper who is currently under a private contract with another employer.

To proceed with employing this helper through an agency, the following steps and considerations apply:

1. Contract Termination and Transfer:

The helper must either obtain written consent from her current employer to transfer or complete the contract term as stipulated.

If the current employer agrees, the transfer can be processed through the Ministry of Human Resources and Emiratisation (MOHRE).

2. Notice Period:

The helper is typically required to provide at least one month’s written notice if she intends to terminate her current contract early, unless otherwise specified in her contract.

3. Visa and Recruitment Costs:

The responsibility for visa and recruitment costs depends on the agreement between the parties. In most cases, the new employer (agency) will bear the costs associated with the new visa and may also be required to compensate the current employer for recruitment expenses, unless otherwise agreed.

4. Legal Process:

All transfer procedures should be conducted through MOHRE or the relevant government platform to ensure compliance with UAE labor laws and to protect the rights of all parties involved.

If the current employer does not consent to the transfer or there are any disputes, the helper may seek assistance from MOHRE to resolve them.

Should you require further legal guidance or support with the process, please do not hesitate to contact us.

Best regards,

متميز
بدر ليجال كونسولتانتس
دردشة
توظيف
اجتماع
29 Apr 2025, 05:37

Hello!

If her contract period is still pending, then she needs a written consent from the current employer i.e. NOC, unless there is ill treatment or breach of contract by the employer.

The Ministry of Human Resources and Emiratisation (MoHRE) must approve the transfer, and the process should be conducted through official channels like Tadbeer centers.

For further clarification, you can reach out at [-----------].

Thanks!

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
29 Apr 2025, 05:53

Dear questioner,

If her contract states anything about the payment, then she needs to bear the cost, or as the employer, you can also check the possibilities for transferring the visa from the current sponsor to you, if both sponsors/employers have no dispute over it.

If you need further clarification, kindly share your WhatsApp number.

متميز
رؤية المستقبل للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
29 Apr 2025, 06:38

Hello, and thank you for your inquiry!

If the helper is currently employed under a private contract and has completed only 6 months, she may face restrictions on transferring employment unless there is mutual agreement with her current sponsor.

Transitioning to work under an agency typically requires cancellation of the existing visa and possibly settling any contractual obligations, including visa costs, depending on the terms of her current contract.

Each case depends on specific contract terms and immigration rules, so we recommend booking a consultation with us to assess the situation and assist with a legally compliant transfer or sponsorship process.

We are happy to assist you and provide the best legal services that meet your needs.

To contact us, you can call or WhatsApp us at [------------].

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
29 Apr 2025, 09:39

Hello,

According to UAE law, if the helper is currently under a private contract with another employer, she must legally terminate that contract before transferring to work with you through the agency.

She may be required to repay the visa costs if they were paid by the current employer, depending on the terms of the contract. You can contact us via WhatsApp for further legal support.

خدمات برسوم ثابتة
2 2 خدمات متاحة •  عرض الجميع
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية. أرسل طلبك واحصل على عدة عروض تنافسية من محامين مؤهلين.
هل تبحث عن شيء آخر؟
اطلب استشارة من محامٍ
الخدمة مجانية وهويتك مخفاة
لا حاجة للتسجيل
اسأل محاميًا