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Dubai, UAE

Obligation to pay visa expenses to the employer upon resignation

Hi Mr Hari,

Hope you're doing well.

I would like to ask if I'm obliged to pay my employer before I can leave the company. I'm currently employed in a free zone company in Al Qouz for 3 months, and I'm still in the probationary period.

I would like to resign because I got another job and also I'm not comfortable with the environment; that's why I look for another opportunity. Now, my employer would like me to pay a sum of AED 5250.

This fine, is it for the visa and Emirates ID? And do I really need to pay them that amount?

Thank you and looking forward to hearing from you soon.

Best regards,

Al Nassar Advocates & Legal Consultants
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28 May 2019, 06:12

Dear Questioner,

Thank you for reaching out to me on this.

Please note that you are not obliged to make any payments to the company for the visa and Emirates ID.

All the expenses connections are to be borne by the employer. This is in consonance with Article 6 (a) of Ministerial Resolution of 52 of 1989:

"An undertaking from the employer to the effect that he shall sponsor and be responsible for the recruited Labourer, the bearing of his recruitment expenses and his employment in accordance with the employment contract in a way not prejudicing the provision of the Federal Law No (8)/1980 referred to herein."

There is no corresponding provision under the UAE Labour Law which obliges the employee to pay such fees.

If the employer persists with this, I believe you should raise a complaint with your Labour Department in the Free zone.

I trust you will find this helpful.

Regards,

Hari Wadhwana

28 May 2019, 06:44

Thank you so much, Mr Hari, for that very swift response.

I really appreciate it and you explained it very well.

28 May 2019, 06:46

You're welcome and good luck!

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