A UAE company cannot ask an employee to repay their visa fees

It is not acceptable to ask an employee to repay their visa expenses even if they have put a clause to this effect in a contract of employment.

I've been employed by a well known hospitality company for five months, but I have found a much better offer and I want to change my job. According to UAE Labour Law, should I have to refund the costs of my air ticket, medical, visa application, etc. to the company or not? In my contract it is written that if I leave before the probation period of six months has expired, I should repay my costs. I work in a free zone. VD, Dubai

It is not acceptable to ask an employee to repay their visa expenses (per Ministerial order 52 of 1989, Article 6) and the company should not be asking employees to pay for these costs. Even if they have put a clause to this effect in a contract of employment it is not enforceable. You should also note that unless the new job is in the same free zone, you will be subject to an employment ban if you change jobs having worked for a company for such a short period. Generally you need to be with the same employer for two years to avoid a ban, but this can be shortened to one year if the employee has a bachelor’s degree or higher and a salary above a specified level.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 years’ experience. Contact her at [e-mail]. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice.

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