Firm is asking for visa fees

Firm is asking for visa fees

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.