Picture for illustration purposes only.
PHOTO BY ARCHIVE
DUBAI – Have you not been paid your salary or gratuity in the UAE? What can you do to claim dues that a company owes you?
Expatmedia.net spoke to Abdulla U.C., legal consultant of FranGulf Legal and Business Consultants, to talk about the issue. Here’s the Q&A.
Yes. Following the outbreak of the coronavirus pandemic, a notification was issued by the Ministry of Human Resources and Emiratisation giving employers vast rights which include the following:
1. Introduce a remote working system
2. Grant a paid leave or unpaid leave
3. Temporary salary deduction
4. Permanent reduction of salary
Contact the Ministry of Human Resources and Emiratisation through any Tawafuq or Tasheel centre to initiate the procedures for you to demand payment of your salary or gratuity.
Cases filed by employees or their beneficiaries for up to Dh100,000 claims are exempted from court fees at all stages of litigation. The execution of the case shall be expeditiously heard.
The UAE Labour Law protects employees and supersedes conflicting provisions in written agreements unless they are in favour of the employee.
In case you get a better job offer and your dues are pending from your current company, make sure you get them before having your work visa cancelled. You may also request the court to grant permission for the issuance of a work permit, in case the company delays your visa cancellation.
For a person who worked for 1-5 years in a company, the calculation of the gratuity or end of service benefits will be based on the basic wages given for 21 days as per the UAE Labour Law. If you worked in the company more than 5 years, your gratuity will be calculated based on the 30 days basic wages.
If you file a complaint regarding your gratuity and the case goes to court, the calculation of the gratuity will be based on your gross salary given for the last three months. This is based on the legal precedent in UAE or court ruling. To qualify for gratuity, an employee must have worked for a minimum of 12 months with the employer.
It must be noted that any provision in any contract is invalid if it either contradicts the UAE Labour Law or conflicts with the general public interest. These provisions will relate to the institution of the probation period, gratuity, notice period, pay or any penalty applied to the employee. In line with the Federal Law No.8 of 1980, the probation period cannot exceed six months.
In the UAE, working under visit visa is illegal. The firms that make employees work on visit visa will be fined Dh50,000. In most cases, the employees working on visit visa will be deported to their home countries.
The UAE Labour Law provides employees with seven rights that their employers are obligated to follow upon the termination of the labor contract. In line with the Labour Law, a worker terminating his or her contract has the right to:
1. Get his or her unpaid salary;
2. Get charges for further hours of work; (If recorded officially)
3. Have annual leave;
4. Get gratuity;
5. Get an air ticket;
6. Notice period salary; and
7. Get compensation (3 month’s salary) for arbitrary dismissal
Apart from these rights, there may be other rights that are enclosed within the contract.
You can contact the Ministry of Human Resources and Emiratisation or call 80060 for help on your labour disputes.
FranGulf Legal and Business Consultants provides labour law lawyer service in Sharjah, Dubai, Abu Dhabi, Ajman, Ras Al Khaimah, Fujairah, and Umm Al Quwain. Get legal advice from our team of experts in the UAE. Email [email protected] or call +971 585597700.
Expat Media readers get a free 30-minute legal consultation with FranGulf Legal and Business Consultants. Just send a message to Facebook.com/expatmedia starting with the words “Need FranGulf help” plus your name and mobile number. Slots are limited.
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