Changing Jobs - Visa Implications

[Ogri750]

The following has been copied from the Gulf News site, ask the law section. Not exactly the same situation as yours, but very close.


A reader from Dubai asks: I have been working for a company in JAFZA for five months and I want to leave without notice during my probation period. But my company wants me to pay my visa charges and all other charges. These were not mentioned in the labour contract. I want to go back to my country immediately, but it refuses to cancel my visa and return my passport. What should I do?


I would like to bring to the questioner's attention that the company has no right to ask the employee to pay the visa charges or other charges incurred by the company, as this act is against the labour law. These charges should only be incurred by the employer.

In other words, the employee should never be told to bear such charges even in the case of him breaching his labour contract, as the labour law states other penalties against the employee in case of such a breach. For instance, if the labour contract is for a limited period then the employee, in the case of terminating the contract before the expiry of its term, would be obliged to compensate the employer for not committing to the labour contract, in addition he will have a ban stamped against him. But if the labour contract is for an unlimited period then the employee would not be obliged to compensate the employee. In such a case the Ministry of Labour would only stamp a ban against him. These penalties against the employee, in case of a breach of the labour contract, are the only penalties permitted by law. No law permits a company to make its employees bear such charges related to visa or residence expenses.

In this case, the questioner is advised to file a labour complaint in order to cancel his employment and return to his country.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants.

I read this exact same article. My company mention again and again that the contract is in line with the labour law, clearly its not.

I am just awaiting confirmation of offers from some other companies, once I have those in hand, I will then raise this with my company before I resign.

Thanks for all your help

Hi Ogri

I sent you a PM not sure if you got it though, thought I would give you a progress report and get some more advice.

I received a job offer from a govt organisation they were absolutely fantastic, managed to get everything wrapped up in a week as I told them I had other offers on hold.

They made me an offer and put it into writing just over a week ago now, however I am still waiting for security clearance which they need to obtain due to being a govt organisation and then they will proceed to issue my contract.

Due the sheer amount of trouble I have had with my employment since I have been here (which is just getting worse day by day to the extent where I am getting ill), I am just so anxious to receive my contract asap.

In your experience how long does it normally take, I have chased them and they said they should get the clearance anytime now as it should take around a week.

Also once an offer is made, is there any chance it can be retracted?

Bear in mind they actually offered my a more senior positon then the one I was interviewed for and also got offered a higher salary then I was expecting and have said they want me to start at the earliest date possible. As a result I have turned down other offers.

I think I am just being pessimistic about it all but a second opinion is much needed.

[tolkien]

Hi, I understood about the 6 month ban if you break your contract, could someone please clarify if that applies only to the UAE or to other Gulf countries also? Many thanks.

JRR

[Dubai1]

Hi Buppo just wondering how you got on?

I am in exactly the same situation - near enough exact!!

How confident should I be that I am not liable to pay recruitment costs (flights here and other misc costs) if resigning within probation?

They are also saying I owe one month salary as compensation - any ideas?

FYI - this will be deducted from my final salary so I will end up oweing them!!!

Any help appreciated.....

[Dubai1]

P.S. My understanding is that the labour ban applies to GCC but happy to stand corrected if anyone knows otherwise.

[jessil]

During probation period... both party can terminate the contract by giving one day notice period.. until and unless its stated in your labor contract class. You don’t need to pay any charges..

I worked for a company inside JAFZA for 3 months and I was under my probation.. i was expecting that they will deduct the visa expenses, but there was no deduction.....

After probation period if company terminate you.. then you are eligible for a month salary, or if you are leaving the company with immediate effect after probation period without giving notice then you will have to pay one month salary to company.

As per labor low, all the recruitment expenses and the visa expenses has to be borne by the employer.

[Dubai1]

Hi,

Tricky one this..... I have clarified with MOL, decided not to divulge any personal information at this stage, they were fine with this..... Their helpine is great if anyone needs to clarify their situation.

They said that indeed the employee is NOT liable for flights and recruitment costs and it is illegal to deduct these from a final salary.

However, regardless of whether inside probation period or not, the employee IS liable to compensate the employer to a maximum of 45 days salary.

Hmmmm...... talk about having you over a barrel!!

[tolkien]

Hi, I know your situation is specific but I'm wondering how do they enforce it if you leave the country? The cost of prosecuting people overseas must be a good deal more than what they might hope to get back?

JRR

Originally Posted by Dubai1

Hi,

Tricky one this..... I have clarified with MOL, decided not to divulge any personal information at this stage, they were fine with this..... Their helpine is great if anyone needs to clarify their situation.

They said that indeed the employee is NOT liable for flights and recruitment costs and it is illegal to deduct these from a final salary.

However, regardless of whether inside probation period or not, the employee IS liable to compensate the employer to a maximum of 45 days salary.

Hmmmm...... talk about having you over a barrel!!

[tolkien]

Thanks Dubai1, I thought the ban applied only to GCC countries but I wasn't entirely sure. Now I'm wondering if one does a runner and goes to work in another Gulf country i.e. Kuwait can you be prosecuted there? Do GCC countries and Kuwait have any arrangements re jurisdiction? Tks.

JRR