Mohamed Elmasry’s recent comments in Emirates 24|7 highlight key considerations under UAE employment law regarding an employee’s liability for visa, recruitment and employment costs upon resignation.
AS PUBLISHED IN EMIRATES 24|7.
UAE visa fees: Can your employer make you pay if you resign within a year?
Commenting on the obligations of employers in relation to recruitment and employment costs, Mohamed Elmasry, Senior Associate at Alsuwaidi & Company, explained that employers cannot require employees to repay visa or other recruitment-related costs simply because they resign within one year of joining the company.
“Under UAE Labour Law, an employer cannot require an employee to repay visa, work permit, recruitment or employment-processing costs because the employee resigns within one year of joining,” Elmasry explained.
“Article 6(4) of Federal Decree-Law No. 33 of 2021 expressly prohibits employers from charging workers recruitment or employment costs, whether directly or indirectly,” he added.
How are visa fees compensated for?
Addressing the position where an employee leaves an organisation during the probation period, Elmasry noted that the UAE Labour Law contains specific provisions governing such circumstances.
“If an employee moves to another employer during probation, Article 9 (3) may require the new employer – not the employee – to compensate the former employer,” he said.
It is important to note that an employee’s probation period cannot exceed six months from the start of service, in accordance with Article 9 (1) of the Labour Law.
What if my contract states that I have to pay for the visa fees?
Elmasry further explained that a contractual provision requiring an employee to pay visa fees would not be enforceable if it conflicts with the UAE Labour Law.
Even where an employee has signed an agreement stating that they are required to pay visa fees, such a provision is considered void where it violates the provisions of the UAE Labour Law.
Article 65(3) of the law provides that any term or agreement that conflicts with the UAE Labour Law is deemed null and void, except where the term is more favourable to the worker than the minimum rights guaranteed under the law.
What can I do if my employer asks me to pay the visa fees?
Employees who are asked by their employer or manager to pay visa fees are entitled to reject such a request, according to Elmasry.
“If the employer deducts the fees from the salary, they can complain to the Ministry of Human Resources and Emiratisation,” he said.
To speak with Mohamed Elmasry please contact him at Mohamed.elmasry@alsuwaidi.ae
