What UAE Labour Law Says About Visa and Recruitment Costs

If you’ve noticed deductions from your salary for visa expenses or recruitment fees in the UAE, you should be aware that such practices contravene UAE labour regulations. The UAE Labour Law explicitly prohibits employers from charging workers for these costs, either directly or indirectly.

Employer Responsibility for All Recruitment Expenses

According to Federal Decree Law No. 33 of 2021, commonly known as the UAE Labour Law, employers must bear full responsibility for all recruitment-related expenses. These include:

  • Hiring costs
  • Travel expenses
  • Visa issuance fees
  • Medical examination costs
  • Employee residency permit fees

The Ministry of Human Resources and Emiratisation (MOHRE) emphasises in its “Know Your Rights” guide that employers are obligated to cover all recruitment expenses. This includes any fees paid to recruitment agencies accredited by the worker’s home country and all post-arrival administrative procedures in the UAE.

Federal Decree Law No. 33 of 2021

Pre-Employment Rights and Information

Before relocating to the UAE for work, your recruitment agent or employer should provide clear information about:

  • Your exact job title and responsibilities
  • Salary structure and payment frequency
  • Benefits package
  • Working conditions
  • All other employment terms

You should receive an annex to your job offer that outlines your rights and obligations under UAE Labour Law. It’s advisable to request a copy of your job offer and store it securely for future reference.

The Legal Framework: Article 6 of UAE Labour Law

The regulations regarding recruitment costs are explicitly addressed in Article 6 of Federal Decree-Law No. 33 of 2021:

  1. No work may be performed in the UAE without a valid Work Permit issued by MOHRE
  2. Only licensed entities may engage in recruitment or employment mediation
  3. Employers are strictly prohibited from charging workers for recruitment or employment costs
  4. The Minister, in coordination with relevant authorities, may issue additional decisions regarding employment requirements

In plain terms, your employer cannot legally recover recruitment or visa costs from you under any circumstances.

Can Employers Claim Money When You Resign?

While employers cannot deduct visa costs from your salary, there are specific situations where you might need to provide compensation if you resign:

1. Resignation Without Notice Period

Article 43 of the UAE Labour Law stipulates that if you resign without completing the contractually agreed notice period, you must compensate your employer. This payment in lieu of notice is mandatory even if your early departure causes no direct harm to the company.

2. Resignation During Probation Period

If you resign during your probation period and your contract contains a specific clause about reimbursing recruitment or contracting costs, your employer may request payment.

Article 9 of the Labour Law states:

“The new employer shall compensate the original employer with the costs of recruiting or contracting with the employee, unless agreed otherwise.”

However, this applies only if such terms are explicitly mentioned in your employment contract. Without such a clause, you are not obligated to pay these costs.

What to Do If You Face Illegal Deductions

If your employer is making unauthorised deductions from your salary for visa or recruitment costs, you have several options:

  1. Discuss the issue with your HR department or direct supervisor, referring to the relevant articles of UAE Labour Law
  2. File a complaint with MOHRE through their official website, mobile application, or by calling their hotline
  3. Seek advice from the UAE Labour Dispute Resolution Centre
  4. Consult a legal professional who specialises in UAE employment law

Key Points to Remember

  • Employers must cover all visa and recruitment costs
  • Any salary deductions for these expenses are illegal
  • You may need to pay compensation only if you resign during probation (if contractually agreed) or don’t serve your notice period
  • Keep copies of all employment documents, including your original job offer and contract
  • Report any violations to MOHRE through official channels

Understanding your rights under UAE Labour Law is essential for protecting yourself from illegal practices and maintaining a fair working relationship with your employer.

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