Questions & Answers
Can my employer force me to pay visa fees if I resign and threaten me with jail?
Dear Lawyers,
My employer told me I’ll have to pay him visa fees if I resign. I work for a company based in Ajman, and my boss (an Arab) has high-ranking contacts in the Ajman police.
He said if I don’t pay, the Ajman police will confiscate my passport, take me to court, and put me in jail. What should I do?
Hello,
Under UAE labor law, an employer cannot demand that an employee pay visa fees upon resignation. This is considered a form of exploitation and is illegal.
If your employer is threatening to confiscate your passport and take you to court, this is also illegal. These actions are considered harassment and intimidation.
We can assist you with the best legal solutions for that. Kindly share your WhatsApp number.
Greetings,
The cost of the residence card is one of the employer's obligations according to the law, and the worker may not be asked for anything from it.
We do not advise you to pay anything, and the passport is a personal document that no one has the right to take from you.
You can file a complaint against him with the Ministry of Human Resources and Emiratisation or the Public Prosecution.
The state is a state of law that does not allow him to threaten you with his acquaintances from the police.
We are honored to provide you with legal support.
For further inquiries about your topic, you can come to our office or contact us via WhatsApp, phone, or email.
Dear Questioner,
If your employer in Ajman demands payment for visa fees upon resignation, here’s a brief overview of your rights and steps to take:
1. Legal Framework:
- Employment Contracts: Review your contract under UAE’s Federal Law No. 33 of 2021. It should detail any obligations regarding visa fees.
- Visa Sponsorship: Employers typically cover visa costs. You’re only liable to repay if specified in your contract or if you resign early.
- Resignation Rights: You can resign with appropriate notice (usually 30 days), and the employer can’t impose penalties not outlined in the contract.
2. Employer’s Threats:
- Passport Confiscation: This is illegal in the UAE. An employer cannot hold your passport as leverage.
- Legal Action: Employers may pursue legal action, but threats of jail over unpaid visa fees are usually unfounded without other legal issues.
3. Steps to Take:
- Document Everything: Keep all communications regarding this issue.
- Seek Legal Advice: Consult a lawyer specializing in UAE labor law for tailored guidance.
- Contact Authorities: Report threats or rights violations to the Ministry of Human Resources and Emiratisation (MOHRE), Ajman Police Department, and your consulate or embassy.
- Prepare for Resignation: Follow proper resignation procedures as outlined in your contract.
- Report Abuse: If threatened, report to local authorities or worker advocacy groups.
Understanding your rights can help you navigate this situation effectively. Protect yourself legally and do not succumb to intimidation.
