Dubai worker faces overstaying fine after no plane ticket from employer

Keren Bobker advises a worker whose contract was terminated and the grace period to leave the country is about to end.

I worked for a company for almost two years but they terminated my contract two months ago and have still not given me the return ticket. My one-month grace period after visa cancellation is going to end very soon, but I cannot leave as I do not have a ticket. I do not have the possibility to extend my time. In this situation, who pays the fine for overstaying? BZ, Dubai

In accordance with UAE Labour Law, the employer is responsible for paying for a flight back to an individual’s home country. This is covered in Article 131 which states: “Expenses for repatriation of an employee to his place of origin or any other place agreed upon by both parties shall be borne by the employer. If the employee after the end of his contract takes up employment somewhere else, repatriation expenses upon termination of his service shall be paid by the last employer subject to the provisions in the preceding clauses, and if the employer has failed to repatriate the employee and has not paid the repatriation expenses, the competent auth­orities shall do this at the employer’s expense by way of attachment.”

As BZ’s visa has been cancelled, I presume he has signed paperwork stating that all monies owed have been paid. This is obviously not correct and I would not advise anyone to do this if anything is outstanding, including a flight ticket. Theoretically as BZ is no longer under the company’s sponsorship, he is personally liable for any fines, but he should contact the Ministry of Labour (helpline number 800 665) or go to a labour office to explain the situation as in certain cases they will organise a return flight and obtain reimbursement from an employer. The fines for overstaying the grace period after cancellation of a residency visa are Dh125 for the first day and then Dh25 for each subsequent day.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 years’ experience. Contact her at [e-mail]. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information only