Company must bear all Recruitment 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."
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.
Hi i tell to my boss i need to go back to my country because of an emergency.
ReplyDeleteThen 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
how about renewal?
ReplyDeletehow about renewal?
ReplyDeleteContact indian embassy for legal support
ReplyDeleteMy 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.
ReplyDeleteMOHRE and Tas-Heel or Tad-Beer (cant remember which one), are all very helpful! Do not hesitate to seek help and report your employers.
Where can a person report if was asked to pay visa and never got it and still never got theoney back
ReplyDeleteI 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?
ReplyDeleteHow 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