Although visa expenses can be significant for a small business, it is illegal for a company to ask an employee to reimburse them for any costs incurred in employing them. Getty Images
Although visa expenses can be significant for a small business, it is illegal for a company to ask an employee to reimburse them for any costs incurred in employing them. Getty Images
Although visa expenses can be significant for a small business, it is illegal for a company to ask an employee to reimburse them for any costs incurred in employing them. Getty Images
Although visa expenses can be significant for a small business, it is illegal for a company to ask an employee to reimburse them for any costs incurred in employing them. Getty Images

‘Can I make my staff pay visa costs if they break their contracts early?’


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I have a small business and am about to hire two more employees. The visa costs are quite high and I am worried that if they leave before working for two years, it is going to be expensive for me. Is there a way that I can protect my business by getting the new employees to sign papers that say they will pay part of the visa costs if they quit less than 12 months into their contract? AP, Abu Dhabi

While I understand that visa expenses can be significant for small businesses, it is illegal for companies to ask employees to reimburse them for any costs incurred in employing them. This is covered in Ministerial Order 52 of 1989, Article 6a, which makes it clear that the employer is “responsible for the recruited labourer, the bearing of his recruitment expenses” and that this cannot be passed on.

To ask any employee to sign documentation that contravenes government orders and the UAE Labour Law is illegal, and the employee has the right to register a complaint against a company that follows this course of action.

A better legal option is to have a rigorous and robust recruitment process in place to ensure that no mistakes are made, employees are happy and will not want to leave the company. An employer can provide a fixed-term contract, where if the employee decides to leave before the end of the contract term, a penalty is payable. However, this can only be for a set calculation. In addition, the employer must be aware that if they terminate employment, they must also pay a penalty to the employee.

I will finish my employment contract at the end of December and have completed two contracts, each spanning two years. I plan to return to the Philippines and not work in the UAE again. I have asked my employer to pay for my repatriation ticket, but he says it is too expensive and does not want to foot the bill. I want to leave, but how do I make my employer pay for my ticket? MV, Sharjah

The employer is liable to pay the repatriation costs of an employee who finishes a contract and decides to return to their home country. This is set out in Article 131 of the UAE Labour Law: “The employer shall, upon the termination of the contract, bear the expenses of repatriation of the worker to the location from which he is hired, or to any other location agreed upon between the parties. Should the worker, upon the termination of the contract, be employed by another employer, the latter shall be liable for the repatriation expenses of the worker upon the end of his service.”

It is not optional for a mainland employer to pay this cost. While some flights may be expensive right now, that is unfortunate and the employee should not be disadvantaged or delayed because of this reason.

The employer is liable to pay the repatriation costs of an employee who finishes a contract and decides to return to their home country

If the employer refuses to pay for the flight ticket that MV is entitled to, she will need to file a case against them with the Ministry of Human Resources and Emiratisation. They can be contacted on 800 65 or via the chat function on their website.

My parents are due to travel to Dubai soon to visit us for New Year. They have just told us that their passports are only valid for five months. I was told by a friend that people need six months' passport validity to enter the UAE, but that sometimes three months' validity is also acceptable. Will my parents be able to travel here without having to renew their passports? TB, Dubai

As is the case with most other countries, the UAE requires visitors to have a passport with a validity of at least six months upon entry. Without that, a person is unlikely to be permitted to check in for the flight as airlines have initial responsibility, and they can be fined if they allow someone to board an airplane without the correct documentation.

There can sometimes be exemptions for compassionate reasons, but not for a holiday. TB’s parents will need to arrange new passports before flying to the UAE. This is as stated on both the UK and UAE government websites.

For expatriates with UAE residency visas who wish to enter the UAE, the minimum passport validity required is three months.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information only

What the law says

Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.

“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.

“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”

If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.

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Tearful appearance

Chancellor Rachel Reeves set markets on edge as she appeared visibly distraught in parliament on Wednesday. 

Legislative setbacks for the government have blown a new hole in the budgetary calculations at a time when the deficit is stubbornly large and the economy is struggling to grow. 

She appeared with Keir Starmer on Thursday and the pair embraced, but he had failed to give her his backing as she cried a day earlier.

A spokesman said her upset demeanour was due to a personal matter.

Company Profile
Company name: OneOrder

Started: October 2021

Founders: Tamer Amer and Karim Maurice

Based: Cairo, Egypt

Industry: technology, logistics

Investors: A15 and self-funded 

The specs

Engine: 4.0-litre V8 twin-turbocharged and three electric motors

Power: Combined output 920hp

Torque: 730Nm at 4,000-7,000rpm

Transmission: 8-speed dual-clutch automatic

Fuel consumption: 11.2L/100km

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Engine: 51.5kW electric motor

Range: 400km

Power: 134bhp

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Lexus LX700h specs

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Indoor cricket World Cup:
Insportz, Dubai, September 16-23

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Men

Saturday, September 16 – 1.45pm, v New Zealand
Sunday, September 17 – 10.30am, v Australia; 3.45pm, v South Africa
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Thursday, September 21 – 2pm v Malaysia
Friday, September 22 – 3.30pm, semi-final
Saturday, September 23 – 3pm, grand final

Women
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Sunday, September 17 – 2pm, v South Africa; 7.15pm, v New Zealand
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Thursday, September 21 – 12.15pm, v Australia
Friday, September 22 – 1.30pm, semi-final
Saturday, September 23 – 1pm, grand final

UAE SQUAD

Omar Abdulrahman (Al Hilal), Ali Khaseif, Ali Mabkhout, Salem Rashed, Khalifa Al Hammadi, Khalfan Mubarak, Zayed Al Ameri, Mohammed Al Attas (Al Jazira), Khalid Essa, Ahmed Barman, Ryan Yaslam, Bandar Al Ahbabi (Al Ain), Habib Fardan, Tariq Ahmed, Mohammed Al Akbari (Al Nasr), Ali Saleh, Ali Salmin (Al Wasl), Adel Al Hosani, Ali Hassan Saleh, Majed Suroor (Sharjah), Ahmed Khalil, Walid Abbas, Majed Hassan, Ismail Al Hammadi (Shabab Al Ahli), Hassan Al Muharrami, Fahad Al Dhahani (Bani Yas), Mohammed Al Shaker (Ajman)

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Company profile

Company name: Dharma

Date started: 2018

Founders: Charaf El Mansouri, Nisma Benani, Leah Howe

Based: Abu Dhabi

Sector: TravelTech

Funding stage: Pre-series A 

Investors: Convivialite Ventures, BY Partners, Shorooq Partners, L& Ventures, Flat6Labs

The specs

Engine: 3.9-litre twin-turbo V8
Power: 620hp from 5,750-7,500rpm
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