[AuspakDub]

Hello All!

I have an urgent inquiry. I moved to UAE in November as I got a job here. As per contract, my probation will be of 6 months. This means, I am still on probation. Now I have given 1 month notice to my employer that I am leaving. My employer is saying that as you are on probation and leaving, you have to bear the cost of Medical and Visa?

Please comments that is it legal for a employer to deduct visa and medical cost from final settlement if I am still on probation. Also, if this is not legal, can anyone give me the reference???

REGARDS
ALI

 

[AuspakDub]

Hello!!!!!!!!!! Any idea?

 

[fcjb1970]

Read your contract. I am guessing it says exactly that.

I have read contracts for service industry (hotel), and pretty much if you don't do a full two years you are obligated to repay a prorated amount of the costs to get you here and get your visa. If you are quitting within 6 months, that means basically 100% of those costs.

 

[AuspakDub]

Read your contract. I am guessing it says exactly that.

I have read contracts for service industry (hotel), and pretty much if you don't do a full two years you are obligated to repay a prorated amount of the costs to get you here and get your visa. If you are quitting within 6 months, that means basically 100% of those costs.

Well my contract is unlimited contract and there is no such clause in the contract that if I will leave during my probation period, then I have to pay Visa and medical cost.

So employer can still deduct this visa and medical cost from my final settlement???

 

[fcjb1970]

I obviously have not seen your contract, but it is pretty standard boilerplate in many industry contracts in the section on termination to have something along the lines of..

If you leave before.... you will be responsible for all recruitment costs.

Medical and visa are considered recruitment costs

 

[BornInDubai]

Hello!!!!!!!!!! Any idea?

You do not have to pay back for visa and medical unless it is written on your offer letter or contract.

If you are not in a Free Zone, call the labour office and get a free clarification on your status: 800665

 

[BedouGirl]

Generally when you join a company you have two contractual letters. One is the 'Arabic contract' (i.e., the labour contract) and the other is the English letter issued by the company you are joining. Although, legally, you are not supposed to pay these expenses, if you have signed something saying that you will, then it is likely you will end up paying it. I worked for a company that did this. The father of the lady who owned the company was a lawyer and was able to make it stick. Good luck.

 

[AuspakDub]

Yeah Now I believe that its illegal for employer to ask for these costs as per above comments. Also, I have thoroughly read the contract and there is nothing like that.

So Now I am of view that employer can't ask you for the cost of visa, medical and other costs if you leave the company until or unless it is clearly stated either on your contract or on your offer letter.

Thanks all for your comments and clarification specially "Born in Dubai" & "Bedou Girl".

Cheers