Company must bear all Recruitment Expenses in UAE

UAE Visa Cost Rules, Company must bear visa expenses in uae

Many of us being charged for visa cost by our employer but do you know as per UAE Labour Law the Employer (company) must bear all recruitment expenses in UAE?

Recruitment Expenses in UAE:

In the UAE, the cost of recruitment of an employee (worker) should to be borne by the employer (company) and the employment card charges are part of the recruitment expenses.

This is in accordance with Article 6(a) of the Ministerial Order No. 52 of 1989 pertaining to rules and procedures to be adopted at the labour permit sections with respect to the recruitment of non-national labour for employment in the UAE.

UAE Labour Law:

As per Article 6 (a) the Ministerial Order No. 52 of 1989 "An undertaking from the employer to the effect that he shall sponsor and be responsible for the recruited employee, the bearing of his recruitment expenses and his employment in accordance with the employment contract in a way not prejudicing the provision of the Federal Law No. 8 of 1980 referred to herein."

Expenses of Housemaid Visa:

The above mentioned law also applied on all domestic workers including cleaners, housemaids, nannies, house drivers etc.



Expense of Emirates ID:

Well to be honest there is no ministerial order or any sort of specific word in law for the expenses of Emirates ID but as per the interpretation of the above ministerial order No. 52 if 1989 it is clear that employer (company) should bear all recruitment charges including employment card too.


Salary Deduction by Employer is illegal:

Please note that your employer (company) cannot deduct a portion of your salary without valid reason.

As per UAE Employment Law, Article 60 of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE states:
"No amount of money may be deducted from a worker's remuneration in respect of private claims, except in the following cases:

1: The recovery of advances or amount of money paid to the worker in excess of his entitlements, on condition that the amount deducted in this case does not exceed 10 per cent of his periodic remuneration;

2: Contributions which the worker is required by law to pay from his remuneration, e.g. towards social security and insurance schemes;

3: The worker's contributions to a savings fund or repayment of advances repayable thereto;

4: Contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department;

5: Fines imposed upon the worker for any offence he has committed;

6: Any debt payable in execution of the judgment of a court of law provided that the deduction shall not exceed one quarter of the worker's remuneration.
Where two or more debts are payable, the maximum shall be half the worker's remuneration and the sums of money attached shall be divided pro rata among the beneficiaries, after payment of any legal alimony at the rate of one-quarter of the workers remuneration."

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What if Employer deducts Visa Cost?

In the event if the employer (company) does not agree to pay recruitment expense and deducts the employment visa fees or employment card charges, you may approach to MOHRE (the Ministry of Human Resources & Emiratisation) and file a complaint against your employer.

8 comments:

  1. Hi i tell to my boss i need to go back to my country because of an emergency.
    Then she let me signed the paers if i wanna go i will find someone replacement to me or pay the 9k dirhams.I already found the replacement but they give me to another house to work then they want me to pay the 9k that they spend to me going here and a I don't have salary.what i will do they even complain against me for breaching contract

    ReplyDelete
  2. Contact indian embassy for legal support

    ReplyDelete
  3. My previous employer deducted AED 4000 from my final settlement when I resigned from them after 3mos. It was way too much as a deduction so I phoned MOHRE and they scheduled me to a legal advisor who contacted the Company PRO. I got my money back.

    MOHRE and Tas-Heel or Tad-Beer (cant remember which one), are all very helpful! Do not hesitate to seek help and report your employers.

    ReplyDelete
  4. Where can a person report if was asked to pay visa and never got it and still never got theoney back

    ReplyDelete
  5. I joined a company in October 2019, now I want to change the company, do I required to pay the visa or any expenses to company?

    ReplyDelete
  6. How about under free zone employee? The employer said to pay the visa expenses of my niece as she resigned, as per employment contract, is it legal?

    ReplyDelete

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