Khaleej Times, Monday, Jan 02, 2023 | Jamadi Al Thani 9, 1444
UAE law: Can employers ask their employees to pay for the visa cost?
Emirates:
Question: I have been offered a job in a restaurant in Dubai. The
restaurant owner is asking me to pay for the visa cost. Kindly explain whether
the employer or employee pays the visa cost.
Response: We assume that your employment is governed by the provisions
of the federal employment laws of the United Arab Emirates, i.e., Federal
Decree-Law No (33) of 2021 on the Regulation of Employment Relations (the
“Employment Law”).
Pursuant to the provisions of the Employment Law, employers are prohibited from
charging their employees for the fees and costs of recruitment and employment or
collecting such fees and costs from their employees, whether directly or
indirectly. This follows clause 4 of Article (6) of the Employment Law, which
reads as follows:
"4. An Employer shall not charge the Employee or collect from him recruitment
and employment costs, either directly or indirectly."
Following the provision of the Employment Law as mentioned above, it has been
clarified that such provision requires employers to pay the costs of the
issuance of an entry visa and travel to the UAE and the costs of post arrival
processing requirements like medical tests, and the issuance of the residency
permit for the employees.
In view of the foregoing, your employer is not entitled to recover visa costs or
any recruitment related costs from you, whether fully or partially. It is the
employer who is liable to incur the visa costs entirely. By referring to the
provision of the Employment Law, as mentioned above, you may prevail upon your
prospective employer to pay for your visa costs and all other recruitment costs.