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Sharjah, UAE

Is it legal for an employer to demand money to cancel the visa after resigning during probation?

Dear Lawyers,

I resigned from my job during the probation period in Sharjah.

During the 14-day notice period, my company told me to pay 25,000 AED; otherwise, they would not cancel my visa. Is this legal?

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London Center for Legal Consultancy Office
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26 Jun 2024, 09:56

Greetings,

The employer has no right to claim any amounts to cancel an employee's work card and no right to claim any fees for a residence card or training that the employee did not receive outside the institution and without a training invoice.

It must be stipulated in the employment contract. Can you send a copy of the employment contract on WhatsApp so that we can inform you correctly?

For further inquiries about your topic, you can visit our office or contact us on WhatsApp at [------] or email [-----].

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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26 Jun 2024, 12:06

Dear Questioner,

No, it is not legal for an employer to ask an employee to pay a fee in order to cancel their visa.

This goes against UAE labor laws, which state that the employer is responsible for canceling an employee's visa and covering any associated costs.

If your employer is refusing to cancel your visa without you paying the fee, you may need to seek legal advice or contact the Ministry of Human Resources and Emiratisation for assistance.

26 Jun 2024, 12:21

And what if they signed a bond with me in the name of training, but I didn't receive any training?

26 Jun 2024, 12:24

If you signed a bond for training and did not receive any training as promised, you may have legal recourse to seek compensation or cancel the bond.

You should first try to address the issue with the organization or individual who made the promise of training.

If they do not cooperate or provide a satisfactory resolution, you may need to seek legal assistance.

It is important to carefully review the terms of the bond and any documentation related to the training agreement to understand your rights and options.

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Dar Al Haqooq Legal Consultancy
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26 Jun 2024, 12:37

Hello,

In the UAE, during the probation period, either party can terminate the employment with notice (usually 14 days).

Demanding a payment of 25,000 AED for visa cancellation is not standard practice and may be illegal.

Consult the Ministry of Human Resources and Emiratisation (MOHRE) or a legal advisor for assistance.

Thanks and Regards,

Abdul Wahied

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KHE Legal Consultancy
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26 Jun 2024, 13:55

This is not legal.

Under UAE labor law, if the employee leaves the job during probation, they are not required to provide any visa cost to the employer unless it is specifically mentioned in the employment contract.

If you join another company, the new employer may compensate the previous employer regarding recruitment expenses.

26 Jun 2024, 13:56

If you need further clarification, you may ask.

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