Questions & Answers
Is my employer's withholding of my settlement a breach of contract?
Hello Everyone,
I was working with a private company in Dubai under a limited contract. I resigned after completing 1 year and served 30 days' notice period (I completed probation also).
My total settlement amount was around 7300 AED. But the employer only gave me 3000 AED. He is holding back around 4300 AED as a visa and Emirates ID charge.
My last day with the company was last week. I have requested to release this 4300 AED, but the employer refuses to do the same.
Is this a breach of contract as the employer is saying the same and holding my settlement amount?
If I complain to the ministry, will I get this pending amount or will the ministry support the employer?
Please help me with your thoughts on this.
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
If your employment contract doesn't explicitly allow for visa and Emirates ID fee deductions upon resignation, you can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE).
They will investigate, and if the deductions are found to violate labor laws, you may recover the withheld amount.
Consult with us for guidance.
For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.
We will be happy to help you.
Thanks & Regards,
ABDUL WAHIED
Dear Questioner,
The employer can claim this amount if it is particularly mentioned in your employment contract on the termination clause. You may follow the termination clause.
If nothing has been mentioned, then only UAE Labor law will be applicable.
Under that, all the recruitment expenses have to be borne by the employer. On termination before the expiry of the contract, the employee will have to reimburse the recruitment expenses if he has completed the probation.
