I am currently in India and I got a job offer from Abu Dhabi. My employer/sponsor has stated before the Ministry of Labour in signing that my visa expenses will be borne by him and I have to pay only the flight charges. But, during the process he told me that as per new regulations, visa process has been shifted to the employee's country and hence I will have to bear the cost including that for the medical tests.

Since I completed all the process by spending from my pocket his version is that he never offered to reimburse visa and medical expenses.

As I already spent the money and the visa is stamped on my passport, I am confused whether to take up the job or leave it since I still have options in my home country.

Please advise what will be the consequence if I don't take up the job after the visa is stamped on my passport. What will happen if I get another job in the UAE later?

In pursuance of your queries, it may be noted that the procedures for your visa processing which commenced in India, has been done in accordance with the new measures taken up by the Ministry of Human Resources and Emiratisation of the UAE, with a view to outsource the visa processing procedures to the country of a prospective employee. And, it is presumed that your employment visa was also stamped into your passport following this process.

However, it may be noted that in the UAE, in accordance with the prevailing laws, the employer is liable to bear the recruitment and sponsorship expenses for recruitment of its employees. This is in accordance with Article 6(a) of Ministerial Resolution No. 52 for 1980 regarding 'The Rules and Procedures to be adopted at the Labour permits sections with respect to the recruitment of non-national labours for the employment in UAE' which states,

"The employer or its legal representative shall sign the recruitment application form prepared by the ministry for this purpose, such form shall include an undertaking from the employer to the effect that he shall sponsor and be responsible for the recruited labourer, 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. 8/1980 referred to herein."

In view of the foregoing, it may be noted that your employer is liable to pay you for the costs involved in respect of issuance of the employment visa and as such, he may not refuse to reimburse the expenses incurred by you.

If however, your employer altogether refuses to pay you for the costs of visa, you may choose not to commence employment with the concerned employer. And for good order, you may also contact the centre where your employment visa was processed, or the Ministry of Human Resources and Emiratisation of the UAE, or the UAE Diplomatic Mission in India, stating that your reasons for non-commencement of work.

KNOW THE LAW

In accordance with the prevailing laws, the employer is liable to bear the recruitment and sponsorship expenses for recruitment of its employees

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. 

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