Employer

“Do I have to compensate my employer for my visa if I quit while on probation?” “

Am i supposed to pay my company compensation for my visa if I resign before I have completed six months? HA, Abu Dhabi

This subject has been covered several times in this section. It is disappointing that some employers continue to try to break the law.

The UAE labor law is very clear: it is the employer’s responsibility to obtain and pay for a work visa and work permit. This applies to both mainland employers and all free zones.

An employer is not allowed to pass on the costs associated with the employment of an individual. The authorities of the United Arab Emirates have made this clear on several occasions.

This question is covered by Ministerial Decree 52 of 1989, article 6a, which stipulates: the employment contract in a manner which does not affect the provisions of Federal Law n ° (8) / 1980 referred to here .

In addition, these expenses cannot be passed on.

There are cases where an employer makes the employee sign a contract saying they will reimburse the costs. But it will not be in the official employment contract and it is an illegal and unenforceable clause.

Any employee who is asked to pay visa fees should cite the law and then escalate the issue either with the Ministry of Human Resources and Emiratization if it is a continental employer, or with the litigation in free zones.

HA should also know that even if he is on a probationary period, he still has to give notice of resignation in accordance with his contract. This is usually 30 days.

Even if an employee is on a probationary period, he must still give notice of resignation in accordance with his contract

Keren Bobker, Senior Partner, Holborn Assets

My former employer always gave his staff time off on Christmas Day and Boxing Day (December 25 and 26). This year, Christmas Day falls on a Saturday.

I thought we would have at least one statutory holiday on December 26th and people who work on Saturdays would have that day off.

But we were told that these are normal working days. Can the employer make us work on these dates? TM, Dubai

The UAE has a number of statutory holidays as per Section 74 of the UAE Labor Law. Christmas Day and Boxing Day are not public holidays in the UAE, so no one is legally allowed to take a day off.

While some businesses may remain closed on this day, especially if they have many western employees, this is a management decision. If an employee needs time off on these dates, he or she will need to request annual leave in the usual way.

I have a request regarding exceeding a visit visa. The company that employed me for eight months neither issued me a letter of offer nor asked for a work visa. What can I do? I want to stay legally in the United Arab Emirates. FC, Dubai

FC has been working illegally all this time. The employer should have given him a formal job offer, an employment contract and requested a residence visa and work permit from the start.

Since they did not, they used FC illegally and it is not protected by law. This means that he is not able to file a complaint against the company, even if they do not pay him.

The employer will know that they can be reported for breaking the law. Any business that hires staff without a visa can be fined up to 50,000 Dh ($ 13,610) and face problems obtaining visas in the future.

As FC traveled to the UAE without a suitable visa, he is liable to fines for extended stay. This is Dh200 for the first day, Dh100 for each subsequent day, plus a service charge of Dh100. (Penalties are different for extended stay after canceling a residence visa.) These penalties must be settled before it can be employed.

FC should visit an Amer center, a division of the General Directorate for Residence and Foreigners, for advice and to find out how much he owes in fines for exceeding his stay.

Once the fine is paid, FC can find a new job and be employed with a visa to stay in the UAE on a legal basis.

Keren Bobker is an independent financial advisor and senior partner at Holborn Assets in Dubai, with over 25 years of experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for informational purposes.

Updated: October 2, 2021 5:00 a.m.


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