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Employer asking to pay recruitment fees after 5 months of work: Is this legal?

Hi!

I have been working at a school in the UAE for 5 months now. I have submitted my resignation, and my employer is asking me to pay recruitment fees as part of my final settlement.

Is this legal, even if I am serving my notice period?

In my offer letter, my probation period is stated as one month, but in my contract, it is stated as six months. How do I file a complaint?

Thank you!

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Amiri Advocates & Legal Consultants
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13 Jun 2023, 07:20

Dear Questioner,

What the school administration says is true.

You did not complete the probationary period. The probationary period is 6 months as the contract says.

13 Jun 2023, 07:22

Does it mean I need to pay the recruitment fees?

13 Jun 2023, 07:29

If you are staying in the UAE to work elsewhere, you have to pay for the school, or your new employer will pay.

13 Jun 2023, 08:25

Even if I will render the notice period?

13 Jun 2023, 10:37

Yes. Resigning before the probationary period ends is different from resigning after the probationary period.

13 Jun 2023, 11:43

If they will ask for compensation, it should be HR to HR right?

13 Jun 2023, 17:18

Yes. If you have a new job.

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Mohamed Bakheet Advocates & Legal Consultants
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13 Jun 2023, 07:59

Dear Questioner,

Don’t pay!

13 Jun 2023, 08:24

Is it legal that they are asking me to pay the recruitment cost even if I will render the notice period?

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KHE Legal Consultancy
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13 Jun 2023, 10:00

Dear Questioner,

By signing the contract, the previous document that you have signed will be invalid.

Upon termination before the expiry of the contract, if it mentions the recruitment fee on your contract, you are obliged to pay.

13 Jun 2023, 10:01

Hello Sir,

It is not mentioned in the contract that if I resign I will pay for the recruitment fee. But unfortunately, they are asking for that.

13 Jun 2023, 10:06

Then you are free to leave.

You can submit a complaint to the Ministry of Labor over the phone or the website.

Rashid Saif Advocates & Legal Consultancy
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13 Jun 2023, 10:19

Hello,

Are you going to cancel and leave or do you have a new offer?

13 Jun 2023, 11:42

Hi Sir,

I have a new offer. Is it right that they will ask me to pay for recruitment costs?

If they will ask for compensation, it should be HR to HR, right?

13 Jun 2023, 12:45

If you have joined within three months of cancelation, your new employer should pay the recruitment charges.

For further details, you can contact us on the phone.

Bedaya Legal Services
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13 Jun 2023, 14:12

You can call MOHRE on their number and ask them, but usually whatever they put in the offer letter is not binding for you. 1 month is enough.

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