# Resignation during probation period



## fcahanap

hello!

I am new here and looking for some help from our very kind admin and moderators. I have been working for 2 months on a free zone employment visa. during this period I got a good offer for a semi government company. now here is my question?

1. If I resign during this period, do I need to give a 1 month notice or an immediate effect upon submitting.

2. Will I need to pay for the following expenses which my company spend to me like. air ticket, Tourist Visa for 2 months, employment visa cost without bank gaurantee, ticket for visa change, hotel charges and salary compensation in lieu of notice period.

I need your advice, thank you and more power to all.


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## Sunset

You will have to reimburse them for the costs they incurred to employ you.


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## Elphaba

fcahanap said:


> hello!
> 
> I am new here and looking for some help from our very kind admin and moderators. I have been working for 2 months on a free zone employment visa. during this period I got a good offer for a semi government company. now here is my question?
> 
> 1. If I resign during this period, do I need to give a 1 month notice or an immediate effect upon submitting.
> 
> 2. Will I need to pay for the following expenses which my company spend to me like. air ticket, Tourist Visa for 2 months, employment visa cost without bank gaurantee, ticket for visa change, hotel charges and salary compensation in lieu of notice period.
> 
> I need your advice, thank you and more power to all.



1. During the probabtionary period you may resign without giving a reason and leave immediately

2. UAE Labour Law states that if you resign during the probationary period without good cause then you are liable for repatriation costs. You are not liable to repay visa costs unless you have agreed to do so in writing

-


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## Kawasutra

Sunset said:


> You will have to reimburse them for the costs they incurred to employ you.


This might be stated in the *Employment Contract*, but it is not part of the Free Zone rules!!


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## Elphaba

Kawasutra said:


> This might be stated in the *Employment Contract*, but it is not part of the JAFZA rules!!


It is not part of UAE Labour Law.

See my post above.


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## Kawasutra

Elphaba said:


> 1. During the probabtionary period you may resign without giving a reason and leave immediately
> 
> 2. UAE Labour Law states that if you resign during the probationary period without good cause then you are liable for repatriation costs. You are not liable to repay visa costs unless you have agreed to do so in writing
> 
> -


He is working in a Free Zone!!!


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## Elphaba

Kawasutra said:


> He is working in a Free Zone!!!


And UAE Labour Law largely applies to a freezone.


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## Kawasutra

Elphaba said:


> And UAE Labour Law largely applies to a freezone.


Free Zone Customer Service Department

- Is responsible for providing Personnel Services to Clients regarding employee affairs,
such as Entry Permits, various types of visas, passports, sponsorships, medical
arrangements, labour disputes, work permits, etc. Also, traffic affairs, such as vehicle registration, driving licence and related matters.

It has nothing to do with MoL.

PS: Can you show me where it is written that UAE labour law is applicable for Free Zones?


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## Elphaba

Why do I need to show you? The fact is Labour Law still largely applies although freezones do have some of their own rules, but are also subject to the MoL. Freezones are not exempt from UAE law.


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## Canuck_Sens

Hi fcahanap,

Unfortunately, the legal framework in the UAE is far from being consistent. Free Zones are treated differently and where I work we have been seeing a different legislation arising in the Free zones that largely goes against with federal laws.

Free zones do enjoy a different treatment under current legislation.

Having said that, I think you could follow up with the customer service department that our fellow folk from Germany shared.

Cheers!


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## BedouGirl

Although some unethical employers do force people who want to leave to pay for their visas, it is not legal regardless of whether you are on. Dubai or FZ visa. Suggest you go to the FZ Administration Office to speak with them so you are properly 'armed' when you resign.


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## fcahanap

fcahanap said:


> hello!
> 
> I am new here and looking for some help from our very kind admin and moderators. I have been working for 2 months on a free zone employment visa. during this period I got a good offer for a semi government company. now here is my question?
> 
> 1. If I resign during this period, do I need to give a 1 month notice or an immediate effect upon submitting.
> 
> 2. Will I need to pay for the following expenses which my company spend to me like. air ticket, Tourist Visa for 2 months, employment visa cost without bank gaurantee, ticket for visa change, hotel charges and salary compensation in lieu of notice period.
> 
> I need your advice, thank you and more power to all.



I've really appreciate all your advice. 

I have more question to ask. 

1. They are asking me to pay 14,380.00 AED, do I need to pay this amount?
2. if my employer won't cancel my employment visa, can I go at my self to MOL to request cancellation on my Employment Visa?
3. Can I approach a different PRO to work for my Visa Cancellation?


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## BedouGirl

Do you have this in writing? I am nit an expert but your visa doesn't cost that much. I would go to the FZ Administration office to take advice. Only your company can cancel your visa - it's down to authorized registered signatories despite the fact that technically the FZ is actually your sponsor,


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## fcahanap

BedouGirl said:


> Do you have this in writing? I am nit an expert but your visa doesn't cost that much. I would go to the FZ Administration office to take advice. Only your company can cancel your visa - it's down to authorized registered signatories despite the fact that technically the FZ is actually your sponsor,


Hi BedouGirl!

this is what they charge to me:

Tourist Visa for 2 months - 1,700.00
Ticket from Philipplines - 3,950.00
Hotel charges for 6 days - 750.00
Employment Visa cost without Bank Guarantee - 3,100.00
Ticket for Visa change - 680.00
Visa Cancellation charge - 200.00
Salary Compensation in Lieu of the notice period - 4,000.00

Note: they told me they charge me 4,000.00 AED for not complying the 1 month notice period since I am only at my probation period, and I told to them that during probation it will be effective and no 1 month notice. *But what my HR said to me is that my probation period is only 1 month *which contradict to the contract that I have and it says 3 months probation period.

The reason I want to resign is that my half brother is on a car accident and his dead, and thats the reason I want to resign to go back at my country.


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## mevans

fcahanap said:


> The reason I want to resign is that my half brother is on a car accident and his dead, and thats the reason I want to resign to go back at my country.


So which one is it? Is your half brother dead, or do you have a job offer from a different company? If it is the first, then book a ticket and go home. They wont chase you for costs in the Philippines now will they!!


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## fcahanap

mevans said:


> So which one is it? Is your half brother dead, or do you have a job offer from a different company? If it is the first, then book a ticket and go home. They wont chase you for costs in the Philippines now will they!!


Ok thank you, I appreciate your opinion to much . That's all I wanted to know right now.


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## BedouGirl

I am not an expert. At the end of the day you want to leave, whatever the reason makes no difference to me and it will make no difference in terms of the payment they are asking for. Go to the FZ Administration department and show them the letter and they will guide you accurately and then you will know where you stand. But you need to be careful you stick with one story for your own sake. I always think telling the truth is the easiest, it tends to be less complicated .


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## Kawasutra

mevans said:


> So which one is it? Is your half brother dead, or do you have a job offer from a different company? If it is the first, then book a ticket and go home. They wont chase you for costs in the Philippines now will they!!


And this is exactly the reason why some employers are retaining the passports!!!


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## Sunset

Kawasutra said:


> He is working in a Free Zone!!!


The UAE labour law is the model for which free zone labor laws are based. Basically, what the labour law provides is the minimum/mandatory laws that must be included in free zone contracts. Beyond that, free zones may include other laws. 

Most companies will demand reimbursement for expenses incurred in the recruitment of an individual if that individual resigns within the probationary period, rightfully so in my opinion.


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## Sunset

fcahanap said:


> The reason I want to resign is that my half brother is on a car accident and his dead, and thats the reason I want to resign to go back at my country.


That's not quite what you said in your original post. Let me refresh your memory:



fcahanap said:


> I have been working for 2 months on a free zone employment visa. during this period *I got a good offer for a semi government company.* now here is my question?


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## talkitter

Most companies will ask you to reimburse if you resign in your probation period however what all components will they ask you to reimburse differs from company to company. Some companies can go as far as asking you to pay even trainig/induction charges etc and some companies might not ask you to pay anything at all. Try to ask someone in your company if possible.


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## wazza2222

Here's a tricky one... If you have signed an 'offer of employment' which includes a clause about repaying visa costs but when you see your JAFZA employment contract and think "screw that! I'm not working as a bonded slave for three years under those terms!" and decide not to sign that employment contract, what happens? 
Is the ooe going to stand if you never signed a contract? I imagine that because this is happening within the three month probation, thats the only cost they could conceivably chase... right?


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## katiepotato

wazza2222 said:


> Here's a tricky one... If you have signed an 'offer of employment' which includes a clause about repaying visa costs but when you see your JAFZA employment contract and think "screw that! I'm not working as a bonded slave for three years under those terms!" and decide not to sign that employment contract, what happens?
> Is the ooe going to stand if you never signed a contract? I imagine that because this is happening within the three month probation, thats the only cost they could conceivably chase... right?


Not 100% sure about JAFZA, but TECOM has its own employment contract which must be submitted with all employee visa applications before they will be processed. It is amendable to an extent but not entirely, so there may be some clauses which vary from the original offer of employment. If this is the kind of situation you are talking about, I would suggest asking your employer to add a statement to the offer (or as a separate letter when you join) stating that the JAFZA contract is necessary for visa purposes but in the event of any discrepancy between that and your offer, the offer will apply. It would probably be helpful to list the differences in the letter also, so both parties are clear on what they're signing up to. 

To answer an earlier question - your cancellation forms have to be signed by your company's authorised signatory and yourself. Technically, you could have another PRO generate the forms (providing you had access to all of the relevant information to be included) but you wouldn't be able to complete the cancellation without a signature from your employer.


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## SuSU123

*Resignation in the probationary period.... Should i pay them??*

*Hello...

Please help me im in trouble...

I have joined here 28th May with UAE retail company.. since May my supervisor always came to fight with me.. always made problem for me.. also I got backborn problem also with the heavy carton..... One time I got painted in the store also..

As a result of argument with the supervisor I told him that I wanna go back... He has informed to area manager and he asked me fax my resignation..

So I have faxed my resignation.. Now.. they are asking money back though I dont have enough money to pay them... Now cancelation also processing

What I have to do now.. I dont have money to pay back them.. 
Will they issue my Passport without paying money.. Do they have right to keep my passport after the cancelation..

Please help me with the advices...


Thanks*


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## SuSU123

*Resignation in the probationary period.... Should i pay them??*

Hello...

Please help me im in trouble...

I have joined here 28th May with UAE retail company.. since May my supervisor always came to fight with me.. always made problem for me.. also I got backborn problem also with the heavy carton..... One time I got painted in the store also..

As a result of argument with the supervisor I told him that I wanna go back... He has informed to area manager and he asked me fax my resignation..

So I have faxed my resignation.. Now.. they are asking money back though I dont have enough money to pay them... Now cancelation also processing

What I have to do now.. I dont have money to pay back them.. 
Will they issue my Passport without paying money.. Do they have right to keep my passport after the cancelation..

Please help me with the advices...


Thanks


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## Canuck_Sens

Let me get this right. 

Did they make fun of you at work with the purpose to undermine your confidence ?

Demoralizing someone is not acceptable and I would lodge a complain with MOL against your company if I were you. If you are leaving anyway just do it. I am not sure if they are entitled to any moneys as well.

Call MOL @ 800-665 and discuss your issue with the call center. See if they can help you further


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## dimkatsar

Elphaba said:


> 1. During the probabtionary period you may resign without giving a reason and leave immediately
> 
> 2. UAE Labour Law states that if you resign during the probationary period without good cause then you are liable for repatriation costs. You are not liable to repay visa costs unless you have agreed to do so in writing
> 
> -


hello,
regarding the repatriation costs you mentioned about, what exactly are they in general?.
So is it the normal rule in uae that when someone resigns during the probation period to be liable to pay all the costs?, eg air ticket,hotel accommodation,residence/work visa and so on?.
What if there is a very serious cause that someone needs to resign i.e go back home for family issues such as health issues of relatives.What happens in that case actually?.
thank you


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## Little

Hello, help needed! I've joined a company a week ago and now i wish to resign. I haven't signed any contract or anything only offer letter, as it says i can terminate it prior notice of one month. I already sent a resignation letter, but they have my passport. so my questions are:
1. Do I have to work whole month or i can just quit?
2. Do I have to pay my visa cost? Nothing else was paid by them...
Little


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## somduttdalvi12

dear friends need urgent reply needed? i have resign, I was not in mood to resign but my company was not giving me leave to go back to home on emergency medical reason of my mother health, they said 2 take 2 month advance salary and send home ask ur family to manage to tell you about my family i am only so to my parents no siblings or any one else and my father alone who is in age. of 60 . 

My company suggest me send them money and ask your father to take her to good hospital and get her treated. i felt very bad when they said this, even they know my father alone there managing alone there and he said he need me there as mother want to see meet me once. as she very serious critical any thing may go wrong with her by god grace i will not able to forgive my self and see her again. 

They say as per rule & polices you just joined on 4th march we cant give you leave as per rules & regulations. they not understanding my mother is very serious and very critical i am getting call from my home to come home asap. 

MY COMPANY even said medical certificate i submitted to them they don't find enough proof to feel or understand that my mother is critical with her health condition. and anything can goes wrong with her any time. I am only son of my parents have responsibility of both my parent. and in this situation when they need me if i wont be there then i fell i am not good son or worst one. 

so after all this i decided to resign but they say i need to pay for my visa as i am resigning in my probation. but i really don't have money with me. as i have already send all money to my home for mother health and medical what i received as salary on this month and just kept money to book flight ticket to go back.

now they say till i wont pay money of my visa cost ,they wont release me and give my passport. i have just work 22 days, not signed any contract like labor or any thing like that. just signed my offer letter and induction joining paper on first day. and there nothing mention of paying money and all to company if i leave job in probation, still they ask money for visa. even i don't know my visa is stamp or not? as i said i have done my biometric & medical on last week Sunday 16 th. so why should i pay money to them? 

And i am also not on direct pay roll of bank it on some other marketing company. I got selected here on visit visa and no air ticket given by my company to come herei dont it by my own. so please provide me some solution. not to pay them?

please give me solution i need to get my passport and go back asap. but no money to pay my employer for visa cost, i am also not on direct pay role of bank , i am on pay-role of it DSA and same on my offer letter. any my visa mention sales not clerk or supervisor.


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## BedouGirl

Call the Ministry of Labor first thing tomorrow morning. Sorry to hear about your situation.


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## somduttdalvi12

BedouGirl said:


> Call the Ministry of Labor first thing tomorrow morning. Sorry to hear about your situation.


thanks sir.


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## BedouGirl

somduttdalvi12 said:


> thanks sir.


Good luck and I am very much not a sir .


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## somduttdalvi12

dear friends, i just had a word with this no 800665, there she took my passport no and confirm my name. she told me i need to serve just one month notice if i want to leave my job & don't require anything to pay to my company. i don't know how she told that and from where she got this information? can i depend/ rely on this information provided to me by lady of call center of MOL just checking my passport no and how? i am just bit confuse on what basis she told me just seeing my passport no that i need to serve only on month notice & not to pay anything to my company just surprise more because she told me that i need to give one month notice in probation, do they have any info or data with them? and what if i want to go asap to country?


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## BedouGirl

somduttdalvi12 said:


> dear friends, i just had a word with this no 800665, there she took my passport no and confirm my name. she told me i need to serve just one month notice if i want to leave my job & don't require anything to pay to my company. i don't know how she told that and from where she got this information? can i depend/ rely on this information provided to me by lady of call center of MOL just checking my passport no and how? i am just bit confuse on what basis she told me just seeing my passport no that i need to serve only on month notice & not to pay anything to my company just surprise more because she told me that i need to give one month notice in probation, do they have any info or data with them? and what if i want to go asap to country?


Please stop double posting. Stay with one thread,


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## somduttdalvi12

ok sorry extremely sorry.


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## Mangolian

hi , i have couple of queries , kindly if anyone can clear me.

i am working in company from 6 years in pakistan , i was sent to uae in NOV 2013 to stamp my visa for UAE which i got stamped in JAN 2014, i have an Engineering Degree but my Employer give me " follow up Clerk " visa, Now i have get a new offer from a free zone company , with good salary and designation , 
Now i have resigned from my Company and wants to join new company , 
My Ex.Employer wants to impose a BAN on me if i am fail to pay them VISA Cost which thy bear for me , 

- do i have to pay my visa Cost t my employer ?
- i am on unlimited contract and if i get 1 year BAN from my ex. Employer will i be able to get new UAE VISA with my new free zone Employer ??
- its over 1 month and i have not received any reply from my ex.Employer on my Resignation or any follow-up mail .


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## bolaji101

hello.. i need your advice....
Im working with a free zone company in jafza for 8months and i decided to resign but my manager is asking me to pay back the visa cost which he stated 2430aed.
i dont have such money with and i told him , he said i should work for a period of time till the person that will take over the duty resumes from leave then i can go without paying.
the person resumed on the 5 th of december and i went to him for my cancellation and still he said i just have to pay the money. my question is
1, is it legal to pay such money? though it is written in my job offer letter but my labor contract only stated that i will pay for my repatration fee.
2, ive stopped working for 3 days now , can they charge me for abscond? my resignation letter today will makes it 46 days that ive submitted it but im yet to sign the cancellation


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## Hogyn DC

Another Help Needed.

I arrived in the UAE in March 2009 and signed a contract for 6000 Euros, 3 weeks on and 1 week off. Plus 28 days annual leave. If due to operational reasons I didn't take my 1 week off they would pay me extra. Accomodation, phone etc., to be provided by the company. Job Title Project Manager/ Steering Engineer.
When it came to signing the MOL contract, the salary amount was different and was told by the company "that it was a formality". The basic wage was stated as 8000AED, with 4000 Housing allowance. Position Wiring Electrician Assistant. They were paying me so I trusted them. 
For the time that I have been here they have paid me the Dirham equivalent of 6000 Euros per month. 12,000AED via WPS and the rest via a cheque deposited into my account by the company. When the number of extra days worked (due to the 3 weeks on 1 week off) reached a arbitrary number they would pay these extra days.
I have now resigned and I am looking to leave. Resignation period is already complete. 
But the company is saying that my End Of Service Gratuity should be based on the MOL 8000AED and not the 6000 Euros. They are accepting that I have accrued 49 days of holiday pay (as per original contract). They are accepting that I have worked an extra 37 days (as per original contract). They also refusing to pay my hotel costs (which they have been paying) and the charges to change my return ticket.
I phoned the MOL to lodge a complaint ( I also consulted two lawyers who agreed with me. But it was the free consult). Got the complaint number and was expecting a formal interview to discuss my case. Instead I got a phone call from someone claiming to be from the MOL. Saying they had spoken to my companies PRO and that I was wrong and that I should go with him to make cancellation. 
Getting exceptionally stressed about this. I feel that they are forcing me to take the lower figure. It is a private Emirati company. 

Help please. Thank you


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## TallyHo

I would go to MOL in person. Sit down in front of someone. Take all the paperwork with you, along with copies of salary payments and bank transfers that show you were being paid a much higher wage. 

It sounds like the company did something illegal. I'm highly suspicious of the so called person from MOL who called you. They normally don't do that! They give you the bad news when you call them! When you go to MOL and give them your complaint number they should have a record of whether someone called you or not.

The one thing I don't understand is the following:

"They also refusing to pay my hotel costs (which they have been paying) and the charges to change my return ticket." I assume this refers only to the most recent month? 



Hogyn DC said:


> Another Help Needed.
> 
> I arrived in the UAE in March 2009 and signed a contract for 6000 Euros, 3 weeks on and 1 week off. Plus 28 days annual leave. If due to operational reasons I didn't take my 1 week off they would pay me extra. Accomodation, phone etc., to be provided by the company. Job Title Project Manager/ Steering Engineer.
> When it came to signing the MOL contract, the salary amount was different and was told by the company "that it was a formality". The basic wage was stated as 8000AED, with 4000 Housing allowance. Position Wiring Electrician Assistant. They were paying me so I trusted them.
> For the time that I have been here they have paid me the Dirham equivalent of 6000 Euros per month. 12,000AED via WPS and the rest via a cheque deposited into my account by the company. When the number of extra days worked (due to the 3 weeks on 1 week off) reached a arbitrary number they would pay these extra days.
> I have now resigned and I am looking to leave. Resignation period is already complete.
> But the company is saying that my End Of Service Gratuity should be based on the MOL 8000AED and not the 6000 Euros. They are accepting that I have accrued 49 days of holiday pay (as per original contract). They are accepting that I have worked an extra 37 days (as per original contract). They also refusing to pay my hotel costs (which they have been paying) and the charges to change my return ticket.
> I phoned the MOL to lodge a complaint ( I also consulted two lawyers who agreed with me. But it was the free consult). Got the complaint number and was expecting a formal interview to discuss my case. Instead I got a phone call from someone claiming to be from the MOL. Saying they had spoken to my companies PRO and that I was wrong and that I should go with him to make cancellation.
> Getting exceptionally stressed about this. I feel that they are forcing me to take the lower figure. It is a private Emirati company.
> 
> Help please. Thank you


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## Hogyn DC

> "They also refusing to pay my hotel costs (which they have been paying) and the charges to change my return ticket." I assume this refers only to the most recent month?


I was supposed to finish on the 25th of November, but due to operational reasons. I worked until the 4th of December. I spoke to the owner on the phone on the 7th. He told me I would receive what is my right. About three hours after this phone call. I received an email saying:

As advised by Mr.XXXXX, the hotel and air ticket of Mr.Clive should not be extended at XXXXX's account. If he required to extend it, it should be at his own account.


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## Hogyn DC

Have been to the MOL in person. But couldn't see anyone. Was told that I had to follow the procedure. Call the 800665 number. Lodge complaint and then someone would call me back. 
I expected that once the person called me back I would then be invited in for interview to give my side of the story and produce my evidence, original contract and bank statements. 
Instead I get the phonecall that says they've spoken to the PRO and paraphrasing I'm wrong.


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## TallyHo

Go to MoL. 

What they tell you will be what you need to do. It all sounds very suspect. 



Hogyn DC said:


> I was supposed to finish on the 25th of November, but due to operational reasons. I worked until the 4th of December. I spoke to the owner on the phone on the 7th. He told me I would receive what is my right. About three hours after this phone call. I received an email saying:
> 
> As advised by Mr.XXXXX, the hotel and air ticket of Mr.Clive should not be extended at XXXXX's account. If he required to extend it, it should be at his own account.


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## Hogyn DC

> What they tell you will be what you need to do. It all sounds very suspect.


It is hearsay, but just been told by a former colleague that the company owner has a friend at the Ministry of Labour. The owner is Emerati. Not very high up the food chain but high enough.


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## The Rascal

Hogyn DC said:


> It is hearsay, but just been told by a former colleague that the company owner has a friend at the Ministry of Labour. The owner is Emerati. Not very high up the food chain but high enough.


Treat that with a pinch of salt, if what he's doing is illegal, and it appears it is, the Ministry will very quickly wash their hands of him. 

Don't be scared of Emiratis, they don't have the power they say (or some assume) they have.


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## Hogyn DC

Thank you TallyHo and The Rascal. This was really getting me down. But reading your comments has reaffirmed my belief that I am in the right.


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## bonedoc

Just wondering if I can use some help . I work for a free zone company started in nov 2014 , still in probation period. I resigned during the probation period and planning to leave UAE. As per my contract i was suppose to pay my employer the cost . On enquiring the amount , the employer want me to pay for everything he has paid to bring me to UAE and the amount ends up in 6 figures sum. 

I am not sure what is legal in this country , could not find any law and the sum that I have been asked to pay is massive. are there any rules and regulations? I spoke to MOL but they want me to speak to freezone . I am not sure. I will appreciate help and information


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## The Rascal

A six figure sum? mental. the most he can "bill" you is 45 days pay. There's something on it somewhere on here.


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## BedouGirl

bonedoc said:


> Just wondering if I can use some help . I work for a free zone company started in nov 2014 , still in probation period. I resigned during the probation period and planning to leave UAE. As per my contract i was suppose to pay my employer the cost . On enquiring the amount , the employer want me to pay for everything he has paid to bring me to UAE and the amount ends up in 6 figures sum. I am not sure what is legal in this country , could not find any law and the sum that I have been asked to pay is massive. are there any rules and regulations? I spoke to MOL but they want me to speak to freezone . I am not sure. I will appreciate help and information


Ask them for a full breakdown in writing. Have them send it to you by email. Print it out and take it to the FZ Authority and sit back and watch the feathers fly. BUT one question, did you sign anything saying you would pay anything back if you did not stay for a specific period of time?


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