Questions & Answers
What to do if employer refuses to cancel visa and demands recruitment fee?
Dear Sir/Madam,
I had an employment contract for 3 years, but I worked for only 6 months and then resigned.
The employer refused to cancel my visa and asked me to pay the recruitment fee of 5,700 AED, which was to be paid by me and my new employer.
I don't have the money to pay, and my new employer is not willing to pay for me.
What can I do now?
I have already complained to the UAE Labour.
Dear questioner,
As we always suggest, please take a look at your employment contract and the clauses referring to compensation and resignation.
If it does not state that you, nor your new prospective employer, need to compensate, and you have served the notice period, then you are not obliged to pay for recruitment costs.
If you did not serve the notice period, then, in most cases, your employer can claim "compensation in lieu".
Since you have already complained to MOHRE, we assume, kindly share with us what was the outcome, if any.
We suggest you now file a labor case to get your visa canceled, and whilst the case is pending, you should request a paper to state that you have an ongoing labor claim in the court and try to extend your visa or gain permission from the Ministry of Labor to work in the meantime.
Regards,
Kha advocates.
Greetings sir,
Under the UAE law, the employee is able to leave the job during probation.
In the event that the worker wishes to move, during the probation period, to work for another employer in the state, he shall notify the original employer of the same in writing within a period not less than one month from the date of his wish to terminate the contract.
The new employer shall compensate the original employer with the costs of recruitment or contracting with the worker unless agreed upon otherwise.
