I am resigning from my work. Am I responsible for visa costs? Am I eligible for EOSB if I served 1 year and 2 months?

Dear questioner

Under UAE labor law, particularly Federal Decree-Law No. 33 of 2021, employers are generally responsible for visa costs.

It is generally not legal for an employer to pass these costs onto the employee. Therefore, a contractual clause stating that you must reimburse visa costs upon resignation could be considered conflicting with UAE labor law.

You are entitled to the gratuity for one year of continuous service. The major thing to ensure to avoid complications is to serve the notice period, which is mentioned on your MOHRE contract.

If you need further clarification, kindly share your WhatsApp number.

According to UAE labor law, employers are generally responsible for covering visa costs.

Consequently, a contractual clause stipulating that an employee must reimburse visa costs upon resignation could be deemed to conflict with these legal provisions.

Regarding gratuity, you are indeed entitled to end-of-service benefits for one year of continuous service.

To avoid potential complications, it is crucial to adhere to the notice period specified in your MOHRE contract. We will discuss the possibilities in detail.

Kindly share your WhatsApp number to proceed.

1- As per the laws of the United Arab Emirates (UAE), the costs of the visa shall always be borne by the employer.

Quoting Article 6, clause 4 (The employer is prohibited from charging the worker for the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly).

2- The full-time foreign worker, who completed a year or more in continuous service, shall be entitled to the end-of-service benefits at the end of his service, calculated according to the basic wage, provided that you served the legal notice agreed upon in the contract.

3- No penalties or labor ban shall apply in your case.

Dear Inquirer

We are pleased to serve you and address your inquiries.

- Visa costs are borne by the employer, in accordance with the law.

- You may resign, but you must notify your employer of your desire to do so and state your employment status during the notice period.

- You are also entitled to an end-of-service gratuity.

Contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Advocates & Legal Consultants

Dear Inquirer,

Thank you for reaching out. Here are key clarifications regarding your concerns:

Visa Cost Dedication: Under UAE labor law, employers are generally responsible for visa costs and cannot legally deduct them from an employee’s final settlement. The enforceability of this clause depends on specific contract terms, but it may not be valid.

End-of-Service Benefits (Gratuity): Since you have completed more than one year of service, you are entitled to a pro-rated gratuity as per UAE labor law.

Resignation & Penalties: Resigning before completing two years may lead to certain consequences, such as a limited-term contract breach penalty or a potential labor ban (depending on contract terms and visa type).

Given the potential legal implications, we recommend a detailed review of your contract. Book a consultation with "Future Vision for Advocacy and Legal Consultancy" for expert guidance or legal representation if needed.

Best regards.