Questions & Answers
Can the employer add in the offer letter to claim visa expenses in case of resignation?
Hi.
Companies A & B are owned by the same person.
I was hired under A with a job offer stating that if I do not finish my 2-year contract, I need to pay visa costs and training, etc.
However, my visa was processed under B which is a DMCC company. And non-completion of visa payments was not mentioned in the submitted contract during visa processing.
Is my offer letter with A still binding, and do I have to pay if I will only stay with the company for 1 year?
Dear C.,
Good day!
With reference to your question, please be informed that if you have already completed the probation period, then the employer (irrespective of Company A or B) cannot impose visa costs upon early termination of the contract by resignation.
However, if the employer incurred a considerably big amount for ANY training and you resign before the expiry of the contract, then the employer can approach the court for reimbursement of such expenses incurred.
In such a case, the decision will be up to the discretion of the court based on the facts and circumstances.
For further assistance, kindly contact us by phone or email.
Best regards.
The employment contract is legally binding for you, and if a clause was not mentioned in the employment contract and it was mentioned in the private offer letter between you, then what was mentioned in the job offer will be implemented.
It is necessary to review the contract and the letter first.
