Questions & Answers
Does my employer have the right to send me back to my home country after I resign?
Hello,
I'm currently on a probation period. However, since the environment is toxic, I have decided to resign. I also agreed to pay for the visa costs incurred.
I was hired here in the UAE and not from the Philippines. However, my employer told me that he will send me back to the Philippines.
Does he have the right to do that?
Dear Questioner,
Thank you for reaching out!
As per UAE Labour Law, since you were hired locally within the UAE and not from the Philippines, your employer cannot forcefully send you back unless you choose to return or unless your visa has been cancelled and you're overstaying.
You have the right to:
- Resign during the probation period by giving 14 days' written notice,
- Stay in the UAE during the grace period after visa cancellation (usually 30 days),
- Look for another job and transfer your visa if you find a new sponsor.
Regarding the visa cost, you may be required to reimburse it only if it was clearly agreed upon in writing.
If your employer insists on repatriation against your will, you can file a complaint with MOHRE by calling [---------] or through their mobile app.
Let us know if you need help with your resignation or a complaint.
Best regards,
Mohammed Salah
Legal Consultant
According to UAE law, if you are in a probation period and decide to resign, the employer may have the right to send you back to your home country, provided it is specified in the contract.
However, if the resignation is initiated by you without a valid reason, there may be additional obligations, such as covering the cost of your return.
Our center specializes in such cases, and you can contact us via WhatsApp for further legal support.
Your employer does not have an automatic right to send you back to the Philippines simply because you resigned during your probation period, especially since you were hired within the UAE.
Your employer is responsible for cancelling your work permit and visa. As they mentioned, your physical presence in the UAE is generally required for the final stages of this cancellation.
There could be several reasons why your employer mentioned sending you back to the Philippines, none of which automatically grant them the right to do so against your will.
If you need further clarification, you may ask.
Under UAE Labour Law (Federal Decree Law No. 33 of 2021), an employee who resigns during the probation period must provide a 14-day written notice.
Since you were hired locally within the UAE and not recruited from abroad, your employer is not legally entitled to repatriate you to the Philippines or force you to leave the country.
Article 13(12) of the Executive Regulations (Cabinet Resolution No. 1 of 2022) specifies that only employees recruited from outside the UAE are entitled to employer-paid return tickets.
Therefore, unless it was contractually agreed, the employer cannot force you to return home, and you retain the right to remain in the UAE or seek other employment, subject to visa transfer procedures.
Thank you!
