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What costs is the employee obliged to pay to the employer for resigning during probation?

Are the medical insurance, visa cancellation, and workmen's compensation part of the recruitment cost to be billed to a new employer for employees hired within the probation period?

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Mohamed Bakheet Advocates & Legal Consultants
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7 Nov 2022, 06:54

Don't pay anything.

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Laila Hamza Al Mulla Advocates and Legal Consultants
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7 Nov 2022, 07:02

If you leave work during the probationary period, it is the right of the employer to receive compensation for the costs of accommodation and visa.

And if it is after the probationary period, it is according to the terms of the contract and the owner of the company bears the costs.

Is this the intention of the question?

If yes, we are happy to provide advice and we ask you to clarify more so that we can answer.

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Shamsa Albedwawi Advocates & Legal Consultants
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7 Nov 2022, 07:25

Hi,

Pursuant to your query and as per the law, all the hiring costs incurred by the previous employer shall be paid by the new employer, if the employee is hired during the probation period.

7 Nov 2022, 08:41

Medical Insurance and Workmen's Compensation are the obligations of the company to employees, should this be considered as part of the recruitment cost?

Should the recruitment cost involve government-related fees like the change of status, medical appointment, residence visa, work permit, etc only?

Rashid Saif Advocates & Legal Consultancy
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7 Nov 2022, 07:41

Hi Questioner,

Good day!

With regard to your question, please be informed that the new labor law stipulates "In the event where the worker wishes to move during the probation period, to work for another employer in the state... the new employer shall compensate the original employer with the costs of recruitment or contracting of the Worker unless agreed upon otherwise".

In this context, if there is sufficient proof to substantiate the reasonable recruitment costs including insurance & visa costs, it may be reimbursed from the new employer (subject to conditions).

For further legal assistance, kindly contact us by phone or email.

Best regards.

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