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Does the company have the right to deduct any expenses incurred for the visa and ticket etc?

I am very thankful for the legal support provided by the Arab Times.  I have a query. I joined a company 5 months ago but resigned with a 3-month notice period. I want to know whether I am eligible to get my leave salary for the 8 months I served.

Does the company have the right to deduct any expenses incurred for the visa and ticket etc?

Name withheld

Answer: From your question it seems that you were hired from abroad in which case you could face a lot of trouble. If it is correct that you were hired from abroad, the company can ask you to compensate it for any expenses it incurred in hiring you, both for the visa and ticket etc... plus any additional expenses.

It can also sue you if you have a fixed time contract. But it can’t deduct for any of the above if you were locally hired, i.e. you transferred from a local company to this firm. You are entitled to your leave salary and for this we must have a close look at Article 70 of the Labor Law, which says as follows: “The worker shall be entitled to a 30- day annual leave.

However, the worker shall not be entitled to a leave for the first year of work except after at least 9 months of service for the employer. Official holidays and sick leaves during the year shall not be counted as annual leave.

The worker shall be entitled to a leave for the fractions of the year in proportion with the period he spent in actual service, even the first year of service”. While some employers use the initial part of the law to deny their staff the payment, it is wrong because they should read the whole article, especially the last sentence which implies that if you leave service you are entitled to leave payment for a fraction of the year you spent with the firm. What the initial part of the article means is that you can’t claim leave until you have worked at least nine months for the firm although the sponsor can let you go if he wishes.

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