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Can my company stop me from leaving due to health issues unless I pay a penalty?

Hello,

I have health issues, but my company does not allow me to go to my home country without paying a penalty. Is that right?

Should I pay or not? I have already paid 4,500 AED to the company for the employment visa.

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Dar Al Haqooq Legal Consultancy
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20 Apr 2025, 17:27

Dear Client,

Thank you for reaching out and sharing your concerns!

Under UAE law, employers cannot prevent you from returning to your home country due to health issues, nor can they impose arbitrary penalties for doing so, especially if you have valid medical documentation.

Additionally, visa costs are generally the employer’s responsibility, and you should not be required to pay for your employment visa.

I can assist you by reviewing your case, advising you on your legal rights, and supporting you in communicating with your employer or filing a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) if necessary.

Please let me know if you would like to proceed, and I will be happy to guide you through the process to ensure your rights are protected.

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Badr Legal Consultants
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21 Apr 2025, 06:31

Hello!

Kindly review the clauses in your contract for the obligations mentioned therein for leaving the company.

Normally, visa charges are paid by the employer unless specifically mentioned in the contract.

Since you have paid your own visa fees and are following the notice period, any money or compensation asked by the company is illegal, and you can approach MOHRE.

Thanks!

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London Center for Legal Consultancy Office
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21 Apr 2025, 06:37

According to UAE law, a company cannot force an employee to stay or impose an illegal penalty if the reason for leaving is health-related and supported by medical reports.

Additionally, it is unlawful for the company to charge the employee for visa costs, as these expenses are the employer’s responsibility.

Kindly contact us via phone or email for further assistance.

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Rashid Khalil Obaid Advocates and Legal Consultancy
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21 Apr 2025, 07:03

Hello,

If you have medical reasons and can prove your health condition (with a medical report from a government hospital or approved clinic), you can resign legally.

The employer cannot force you to stay or penalize you unfairly for needing to return to your home country due to health.

As per UAE Labour Law and MOHRE regulations, employers are not allowed to recover employment visa costs from the employee.

The AED 4,500 you paid to your company is not legal, unless it was for extra services like document attestation or processing fees you agreed to voluntarily (not the work visa itself).

You can report this to MOHRE, and they may order the company to refund this amount if proven.

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Rashid Khalil Obaid Advocates and Legal Consultancy
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21 Apr 2025, 10:39

If you have health issues and want to return to your home country, you have the right to request it.

However, if the employment contract imposes a penalty for leaving the country before the contract ends, you may be required to pay the fine.

The amount paid (4500 AED) is related to the work visa, not the penalties.

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