People are always looking for employment opportunities in the UAE. Due to the strict policies of UAE, it provides them confidence that they will get their rights. However, rules and regulation vary depending upon the emirate you are in and the nature of work you are entitles too.
Federal jurisdiction governs all the emirates for basic policies to keep the operational flow smooth. Employment and labour laws of the state are devised for the good of both employees and employers so that corporations and manufacturing firms can work in a productive environment for effective results.
What are the common Salary Violations?
The global crisis has also affected the UAE and the people working there. Salary reductions and delayed paychecks are the most addressed issues. When an employer does not pay off the salary on time, it leads the employees to financial instability especially those who are the sole bread earner of their family.
Employees can get free advisory to understand their workplace rights and responsibilities. There are a total of 10 workplace salary violations which need to be addressed legally which include:
- Unpaid Vacation Time
- Use-it-or-Lose-it Time
- Unpaid Time
- Arbitrary Reporting
- Unpaid Bonus / Commission
- Low Paid Monthly Wages
- Wrongful Employees’ Classification
- Independent Contractor Status
- Compensation Time instead of Overtime Wage
- Miscalculated or Unpaid Overtime Salary
Employees facing any of these issues should get a consultation from legal attorneys to seek justice through legal proceedings. The policies of UAE labour law salary reduction are applicable by just means. Lawyers help is recovering your unpaid or wrongfully deducted wages under the legal umbrella.
What to do in Salary Disputes?
If the employer does not provide a paycheck even after the 10th of the preceding month, then employees should reach out to them to ask for a reason. If they still do not respond to employees ‘requests, then they should get legal assistance from labour lawyers to get paid for the services they have been providing.
Article 6 of Labour Law states that employees and employers can file a complaint to labour department. The concerned authorities call both parties to settle the dispute under the legal umbrella. If table talks are unsuccessful, then the case is directed to Court after 2 weeks of complaint registration.
Legal Actions in Salary Delay and Reduction
Most of the time employees do not want to spoil the relationship with their employer as it negatively affects their services. However, termination is probable if the employer sees someone countering him. Therefore, labour lawyers in Dubai assist workers to claim their rights legally.
If an employer deducts the salary then he should provide logical reasons such as poor performance, violating rules of conduct, or habitual leaves. If an employer fails to provide a reason behind the salary deduction, then the employee can file a lawsuit against arbitrary reduction from his wage.
Federal Law No 8 of 1980 on labour relations and Article 121 governs the issues related to labour wages. Employees should file a secret complaint in the Ministry of Labour about the non-payment of their salary. If you do not get your basic wage even after 15 days, then it is you are legally allowed to claim your right.
Division of UAE Labour Court Processes
UAE labour law salary reduction rules protect employee rights. Employees working in UAE file a lawsuit for arbitrary salary reduction. Labour court divides these proceedings into two tracks which are adopted as per the nature of the dispute.
- In the minor circuit, one judge oversees cases under one hundred thousand dirhams and the other relevant details are looked upon as well
- In Major circuit, three judges look over the cases and their counter disputes which are worth more than one hundred thousand dirhams
UAE Wage Protection System
Ministry of Human Resource and Emiratisation (MoHRE) issue legal notices to private and public sector organizations to protect the rights of employees. Ministry Decree No. 739 of 2016 mandates that employment contracts are honored and salaries are paid on time.
The civil and Federal laws of the state guarantee the legal rights of both employee and employer. Business owners should document the employees’ leave and they should pay their salary without any delay. Labour lawyers are the legal entities who maintain the workplace integrity.