Originally Posted by Maz25
That's not correct! The labour law clearly stipulate that all expenses associated with the employment of a person are to be borne by the employer. However, some employers would include a clause in the contract making the employee liable for the same but it is actually illegal for the employer to charge the employee for the cost of their visa. It's understandable that the employer would want the relocation allowance refunded if one was paid and the employee jumped ship early on in their career but definitely not the visa charges.
That's what I thought, and there are many authoritative statements from government officials and lawyers saying something similar. However, I was looking for the relevant clause in the labour law recently but couldn't find it. If anyone knows which Article refers to visa costs, that would be useful.
Originally Posted by saima1215
Ok so i'm facing a problem now. My employer is trying to charge me for the visa expenses cause they're saying that i'm leaving before the probation period is over. That's not even mentioned on my contract. I just don't know what to do now. I'm supposed to give them my passport today to start the cancellation. Im gonna get on my husband's visa right after. How should I go about with this now. They're going to take my passport and then ask for money. This is just crazzzzzy!!!
If you're on a fixed term contract then the employer is entitled to claim financial compensation for quitting before completing the contract. During the probation period the employer is entitled to fire you without notice. The labour law does not specifically say you are entitled to quit without notice, although it does not say you are not either.
If all you want to do is change your residence visa to husband sponsorship, but stay with current employer, then check with the DNRD if there is a way to do that. Note that residence visa and work permit are two different things. Only the employer can arrange a work permit, even if sponsorship is from husband.
When your visa is cancelled, you are asked to sign a form to say you received all payments due to you. If you don't sign this form, the company can't complete the visa cancellation process, and that can be a problem for them.
With respect to the passport issue, you could try saying you will go to the DNRD with the company PRO when passport is needed and hand it in yourself.
You could also contact the labour department to file a complaint about being charged visa costs.