Wednesday 16 March 2016

UAE Labour Law - Repatriation of an employee


1. Who bears the repatriation expenses?
At the end of the contract, an employer shall sustain repatriation expenses of the employee to the place of recruitment or to any other place which the two parties have agreed upon. If the employee served with another employer at the termination of his contract, the new employer shall pay the cost of the travel at the end of the service. However, if the employee is responsible for terminating the contract, he shall be repatriated at his own expense if he has sufficient means.
2. Does the repatriation of the employee means that the employer has also to pay for furniture and family members?
If the employer had paid for the travelling expenses of the employee, his family and the furniture or such provision as stipulated in the contract, the employer then will have to pay for the family and the furniture and any expenses incurred therewith. However, if at the time when the contract was commenced there was no agreement on payment of family repatriation costs or furniture shipment costs and the employer didn't pay for these at the commencement of the contract, the employer will not be liable to pay the same, unless the rules within the establishment specify otherwise.
3. When does the employee have to vacate his accommodation if it was provided to him by the employer?
In cases where the employer provides accommodation to the employee, the employee shall be obliged to vacate the premises within a period that does not exceed 30 days from the date of termination of his services. The employee may not extend this period for whatever reasons provided that the employer actually pays for the following:
The repatriation expenses as agreed.
End of service benefits and other entitlements which are provided by the labour contract or the regulation of the establishment.
In case of a dispute between the employer and the employee, the labour office must give the recommendation of expenses within a week from the date the complaint is filed, and inform the employee of the amount payable. In such a case, the 30 days will commence from the date the employee deposits the amount recommended by the labour office with its office as deposit. In a situation where the premises were not vacated, the Ministry of Labour will order the vacation of the premises with the assistance of the local police in the emirate concerned. This of course, is without prejudice to the employee's right to challenge the amount recommended by the labour office at the court.
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