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التزام العامل بدفع التكاليف المتعلقة بعملية التوظيف

طلب مني صاحب العمل السابق أن أرد إليه مصاريف تأشيراتي، وتكاليف الاختبارات الطبية، ورسوم شركة التوظيف، والشقة (كان داخلًا ضمن المنافع) وتكلفة السيارة (داخلة أيضًا ضمن المنافع).

يضايقونني الآن لكي أرد مصاريف الشقة بشيكات مؤجلة الدفع، ولكن تم إلغاء تأشيرتي وأنا الآن وسط عملية الحصول على تأشيرة جديدة مع صاحب عمل جديد.

هل يجب علي دفع أي شيء؟


(مزيد من المعلومات: كنت على عقد محدد المدة حيث خدمت فترة الإخطار لمدة 30 يومًا وأنهي عقدي مبكرًا، ولم تكن الشقة مملوكة لصاحب عملي السابق، حيث أنه يؤجرها لي من الباطن).

Al Nassar Advocates & Legal Consultants
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11 Nov 2018, 09:42

Dear Sir/ Madam,

Thank you for getting in touch with me on this.

Please note that you are not liable to pay any visa or medical related costs to the employer. Further, agency costs are not recoverable from you as the employer has a direct contract with the agency.

Under any circumstance, the agency has to demand costs if any, and the employer cannot 30-day on behalf of the agency.

As for the apartment, if it is mentioned in your labour contract that employer is providing housing then you don't have to pay for the apartment. Do not issue any PDC's as there can be a misuse of it.

As rightly mentioned by you, since the employer does not own the apartment, there is no legal ground for him to make such demands.

I suggest you get yourself a work visa from the new employer and do not pay any attention to the demands of your ex-employer.

If the issue persists, then you can file for harassment against them.

You can get in touch with me on 052-945731 or email on hari@alnassaradvocates.com for further discussion.

Regards,

Hari Wadhwana

11 Nov 2018, 14:52

Thank you for your feedback, it is very useful and has helped me to understand my position.

Would it be possible for you to contact me via mobile to discuss this matter further, please?

Or if you would rather answer my next question below.

I agreed to pay back the apartment fees over several months and I have this agreement between me and my ex-employer on email but no signature and I haven’t signed anything.

Does your original answer still apply, that I don’t need to hand any PDC’s over and I should look at leaving the property soon?

Is it true that sub-letting to me is illegal as I only found out that he was doing this after?

11 Nov 2018, 16:12

You can contact me at 052-9495731.

My answer would still remain same, as the understanding between you and him is not strictly legal and considering subletting is illegal, I highly doubt the employer will take this in court.

12 Nov 2018, 20:10

Thank you for your reply and the information to my question.

I was on a limited contract and terminated early, but my employer cancelled my visa and I’m now in the process of joining the new company and having a new visa under the new employer.

Can my previous employer do anything to me or prevent me from working with my new employer if my previous employer has cancelled my visa?

(My previous employer never issued me a NOC letter upon my last day of work, I worked a 30-day notice as my previous employer insisted I had to work.

But I’m now aware that under the limited contract an employee doesn’t need to work a 30-day notice).

13 Nov 2018, 06:05

Sir,

In your case, since the visa is cancelled and you are already on a new employer visa, the previous employer can do nothing against you.

Please rest assured that your obligation (if any) towards the previous employer comes to an end the moment your visa expired.

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