What is Repatriation Expense?
Under the UAE Labour Law, repatriation expenses means Travel Ticket (air ticket) as per the employees contract for himself and the family and also costs of the luggage.
When I got some free time, I read the UAE Labour Law and related clauses and the Law clearly has provided various measures under Article 131 and here is an excerpt:
ARTICLE
(131)
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. If the cause for termination of
contract is attributed to the employee, his repatriation will be arranged at
his own expense if he has the mean to pay.
ARTICLE
(131) (REPEATED)
(Added
by Federal Law No. (12) of 1986.)
1. In application of the provisions stated in the preceding
clause, the expenses of employer’s repatriation shall mean the cost of his
travel ticket and whatever is provided for in the employment contract or in the
bylaws of the Establishment, such as the employee’s entitlement to travel
tickets for his family and costs for shipment of his luggage.
2. In the cases where the employer provides the employee with
accommodation, the employee shall be obliged to vacate the accommodation within
a period not to exceed thirty days from the date of his service termination.
3. The employee may not delay vacation of accommodation,
thereafter, for any reason whatsoever, provided that the employer fulfils his
obligation towards the employee with respect to the followings:
a. Expenses defined in Clause (1)
under this Article.
b. End of service remuneration and any other dues assumed by the
employer under the employment contract or the bylaws or the Law.
4. However, if the employer raised a dispute with respect to the
amount of expenses and dues referred to above; the competent labour Department
shall determine urgently the amount of such expenses and dues, within one week
of a notification being sent to it, provided always that after such
determination is made by the Labour Dept. the employee must be informed
forthwith.
5. In such a case, the validity of the thirty days period
referred to in Clause 2 under this Article, shall take effect from the date,
the employer deposits the expenses and dues determined by the labour
Department, with the treasury of Labour Dept. as a trust.
If however the employee has failed to vacate the accommodation
after expiry of the said thirty days, the Labour Department, in cooperation
with the competent authorities in the concerned Emirate, will take the
necessary administrative action to secure vacation.
6. No provisions under this Article is deemed to prejudice
the right of employee to litigate thereabout before the competent court.
Article (131-a-1)
(Added by Federal Law No. (14) of 1999.)
1. Employer shall undertake to submit a bank guarantee to the
competent labour department. The type, amount, procedures and companies
and establishments subject to this condition, as well as other relevant
provisions shall be defined by a Cabinet Resolution. Such guarantee shall be
for the good performance of the employer’s obligations stipulated in Articles
131 and 131-a herein.
2.Deduction of amounts from the bank guarantee mentioned in para
(1) of present article shall be by virtue of a court judgement, except for
the following:
1. Return expenses of the employee to his home country or
wherever as agreed with employer.
2. Amounts acknowledged by employer before the competent labour
department as entitlements of employee. In both cases, the Ministry may deduct
such entitlements from the guarantee referred to in Para (1) hereof and pay the
same to the employee to settle his dues.
If you read through this, you will notice that Labour Law sets
out clearly who should bear Repatriation expenses and at what circumstances!
Explanation of the Repatriation Expenses Article
Article
131 clearly explains that, employer is required to pay the Repatriation
expenses. If the employee has been terminated and has secured employment
somewhere else, the previous employer should bear the expense of repatriation.
If the employer has failed in this, MOL or other Authority will recover this.
If
the cause of termination is employee, then the employee shall be responsible
for his repatriation expenses.
If
employer provides accommodation facility to employee, then the employee will
have up to 30 days to vacate the accommodation upon termination of employment.
Employee should not delay the accommodation unless employer has fulfilled his
obligations such as Gratuity (EOSB).
Rest
of the clauses are easy enough to understand and interpret.
It
is important that you as an employee or employer should know your obligations
and must follow UAE Labour Law at all times.
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