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Discussion Starter · #1 ·
Hi All,

Asked in another thread but just got an email from HR about it so wanted to put into the main forum as well.

When I moved out here 4 months ago for a role I was given a fairly sizable 'relocation allowance' which was supposed to be paid in my first salary. It wasn't but I did get it in my second.

The job hasn't turned out as I would have hoped so I have said that as I am probation period I would like to leave in coming days.

HR are claiming that I "may need" to repay that allowance.

I've read and re-read my contract, DIFC employment law etc and cannot see how they can claim that. It wasn't an advance or bonus, it was an allowance paid as part of salary. Surely they cannot go back and claim allowances already paid (and spent!)
 

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I got a similar allowance, it said in my offer letter that I'd need to pay it back if I left during probation period (first 6 months).

I would ask HR to show you any document with your signature on it that acknowledges the allowance is to be repaid.
 

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Discussion Starter · #3 ·
I'll re-read it again tonight but the offer letter (all 3 pages of it...) has zero mention of anything about repaying during probation or at any point as far as I can remember.

In the more broader contract it says company may deduct compensation regarding to loans, advances or overpayment. Nothing again about an allowance.

As it's not a fixed term contract and DIFC firm I just don't think they can claim it back or block me from a different job?
 

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Don't know the extent of what they can do, they may withhold part or all of your final salary. You can't get your visa cancelled until you have signed the form saying that you have received all payments you're entitled to, which would put you in limbo.

From what I remember of the labour law, they're not allowed to claim back from you the cost of your recruitment. If it's a relocation allowance, that may fall under that category.
 

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If its not part of any contract or the offer letter, they should not be claiming it back. Unless it is one of the HR policies, and your contract refers to the broad set of HR policies.

Obviously they will try to make your life difficult.
 

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Every company is different. One company I worked for paid a furniture allowance, that was then repaid back in installment deducted from the salary each month. If you left early, you had to repay the whole lot in one go.

You need to check the full HR policies.
 

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If you got paid an allowance for 12 months and leave after 3 months, then you have an overpayment of nine months housing allowance and will need to repay it.

Its an entirely reasonable request.
 

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As has been mentioned you may find the finer detail of allowances in your company policy rather than your contract...... mine is.
 

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Discussion Starter · #10 ·
If you got paid an allowance for 12 months and leave after 3 months, then you have an overpayment of nine months housing allowance and will need to repay it.

Its an entirely reasonable request.

To be clear this isn't a housing advance/allowance.

It is something else, it's a lump sum they paid me as "relocation". I relocated so kept my end of the bargain
 

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But THEY paid for YOU to come and take a job with them. So many companies can and will reclaim that amount from you if you leave before a certain period.

Why should another company benefit from them having paid to bring you here? That will be their reasoning, and it's not unreasonable to request to be reimbursed for that amount.
 

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Discussion Starter · #13 ·
But THEY paid for YOU to come and take a job with them. So many companies can and will reclaim that amount from you if you leave before a certain period.

Why should another company benefit from them having paid to bring you here? That will be their reasoning, and it's not unreasonable to request to be reimbursed for that amount.
I get that. But they spun me a lie on a role which was never as it was advertised. I did my part and moved out here and have given it a go. It's not what I want to do. Contractually there is zero in writing for them to claim it back. The money was spent as it should have been, moving my entire life out here for them.
 

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I get that. But they spun me a lie on a role which was never as it was advertised. I did my part and moved out here and have given it a go. It's not what I want to do. Contractually there is zero in writing for them to claim it back. The money was spent as it should have been, moving my entire life out here for them.
Not debating the concept. You should check your contract and HR policies. If both are silent about any reimbursement then you are fine. if not, you will have to reimburse.
 

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Discussion Starter · #15 ·
There is zero mention of any reimbursement in contract or HR Policies.

Contract has some vague wording about "my debact any other amount due from employee to company including any overpayments, loans or advances".

The allowance is none of those. It's not nice but I don't think they can legally claim a penny back.
 

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You say the allowance isnt an advance - they clearly think differently.

Ask them simply to point out where in writing in the offer or contract it says you have to repay it.

If they cannot, then point out to them that you do not owe them anything and that if they keep on at you, then you will go to the MoL.
 

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A very important point is, what was this allowance named in your 2nd salary slip ?

Did it fall under allowances or salary advance ?
 

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Pedantics of what they call it won’t really help you if you get tied up with a labour law issue or case or visa not cancelled or final salary deductions they believe is the rightful repayment of the sum paid for relocation.

Rightly or wrongly the employer here has the default power because you presumably either want to leave uae or want to take another job and visa, both of which can be difficult unless you accept your final payment - opening a case to claim back a deduction can be a long and painful process dur by which you are unemployed/unemployable here?


Sent from my iPhone using Tapatalk
 

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Discussion Starter · #20 ·
Pedantics of what they call it won’t really help you if you get tied up with a labour law issue or case or visa not cancelled or final salary deductions they believe is the rightful repayment of the sum paid for relocation.

Rightly or wrongly the employer here has the default power because you presumably either want to leave uae or want to take another job and visa, both of which can be difficult unless you accept your final payment - opening a case to claim back a deduction can be a long and painful process dur by which you are unemployed/unemployable here?


Sent from my iPhone using Tapatalk

Thanks very helpful. I am not overly worried about the final payment part, the relocation allowance or however you want to badge it was a few multiples of monthly salary. I am more worried that they would be able to claim it all back rather than deduct from final salary if that makes sense
 
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