‘Can my company force me to return home if I quit before completing my probation?’

QDoes my employer have the right to force me to return to my country if I resign before completing the probation period of six months? I am serving my fourth month of probation. However, I have given notice of my intention to resign and will work for 30 days. Will I be paid for this time? I want to leave to look for better opportunities but my employer is threatening to send me to my home country. Is this legal? WB, Dubai

A

All employees are entitled to be paid for days worked, including if they have resigned during a probationary period.

If an employee chooses to resign, there can be consequences but an employer cannot simply arrange for deportation. There can be a penalty for resigning during a probationary period. If on a fixed-term contract, he can be penalised and also receive an employment ban for failing to complete the contract. There is no penalty for resigning on an unlimited contract and there is less likelihood of a ban. Someone with an employment ban will need to return to their country but will be able to return once the ban has expired.

My wife and I recently stayed at a hotel in Ras Al Khaimah, which charged us a tourism tax in the final bill. We are long-time residents of Abu Dhabi. Can the hotel charge us this fee? BV, Abu Dhabi Hotels across the UAE charge a number of official taxes, although there is some variation between emirates. The charges generally include a tax on the room rate, a service charge, a municipality fee, a city tax and also a tourism fee. This fee is common to all emirates, although the amount can vary.

It is currently Dh20 per room per night in RAK. This fee is payable by all patrons whether they are UAE residents or not.

I signed papers to cancel my work permit despite not receiving my gratuity and annual leave payment because my employer said I had to do so to process the cancellation.

Although the company promised to pay my dues by the same evening, I have yet to receive anything. The employer said they would also deduct the visa costs from the gratuity and charge me for the contract. How can I ensure I receive what I am rightfully owed? IK, Sharjah

The standard paperwork or letter that all employees are asked to sign for their work permit to be cancelled states that they have already received all money due to them.

As has been stated in this column many times, no one should sign this document unless they have been paid all that is owed to them.

Signing the letter without having been paid makes it harder to make a claim. No employer should ever force an employee to sign without having paid them in full.

In addition, the employer said they would charge IK for visa costs. This is illegal under the UAE Labour Law.

This is separate to applying a penalty for leaving service early when on a fixed-term contract.

Even if a contract states that an employee must reimburse an employer, it is an illegal clause.

If IK is not paid what is due to him and the employer tries to deduct visa costs, he will need to register a case with the Ministry of Human Resources and Emiratisation if it is a mainland employer or approach a dispute centre if it is a freezone company.

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