Dubai: Planning to resign within a year of joining your company but worried you may have to repay your visa costs?The UAE Labour Law – Federal Decree-Law No. 33 of 2021 – expressly prohibits employers in the UAE’s private sector from passing on the cost of recruitment, including visa fees, to the employees.“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,” Mohamed Elmasry, Senior Associate at Al Suwaidi and Company Advocates and Legal Consultants, said.“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.Mohamed ElmasryHow are visa fees compensated for?The UAE Labour Law does, however, have provisions that cover cases where an employee leaves an organisation during his or her probation period, according to Elmasry.“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 your probation period cannot extend beyond a period of six months, from the start of your service, according to Article 9 (1) of the Labour Law.What if my contract states that I have to pay for the visa fees?Even if there is a signed agreement between the employer and the employee, which states that the employee is required to pay the visa fees, it is considered void, as it violates the Articles of the UAE Labour Law.This provision is clearly laid out in Article 65(3) of the law, which states that if any contract term or agreement conflicts with the UAE Labour Law, it is deemed null and void. The only exception is for terms that are more favourable to the worker than the minimum rights guaranteed as per the UAE Labour Law.What can I do if my employer asks me to pay the visa fees?According to Elmasry, if an employee is asked by their manager or employer to pay the visa fees, the employee is entitled to reject.“If the employer deducts the fees from the salary, they can complain to the Ministry of Human Resources and Emiratisation (MOHRE),” he said.To know more about the process of raising labour complaints with MOHRE, read our detailed guide here.
