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."