Question: I joined a company based in Dubai three months ago. However, I was paid less than 50 percent of the salary that was stipulated in the contract. Please explain what I can do to claim my pending wages from the past three months. I have decided to resign, but my boss says I have to pay them Dh6000 for visa/cancellation fees since I am resigning in six months. Is it legal?
Answer: As per your questions, it is assumed that you are employed by a Mainland private company based in Dubai and currently on probation. Accordingly, the provisions of Federal Executive Order No. 33 of 2021 on the Regulation of Labor Relations (the “Employment Law”) and those of Cabinet Resolution No. 1 of 2022 regarding the Regulations Federal Executive Order No. 33 of 2021 on the Regulation of Labor Relations (the “Cabinet Resolution No. 1 of 2022”) shall apply.
In the United Arab Emirates, an employee may terminate employment without giving notice after 14 working days after filing a complaint with the Ministry of Human Resources and Emiratization (the “MOHRE”) against the employer for violation of the terms and terms of the contract.
This is in line with Section 45(1) of the Employment Act, which states: “The employee may leave work without notice and reserve all his rights at the end of the service if the employer commits a breach of his obligations towards the employee set out in the employment contract or this Decree-Law or its implementing resolutions, provided that the Ministry is notified by the employee (14) fourteen working days before the date of departure from work, and the employer’s failure to remedy the violation despite notification to the department.”
An employer is not entitled to collect recruitment fees including visa, work permit and visa cancellation fees from the employee. This is in line with Section 6(4) of the Employment Act, which states: “An employer shall not charge or collect from the employee recruitment and employment costs, either directly or indirectly.”
Based on the legal provisions mentioned above, you can file a complaint with MOHRE stating that your employer has paid less than 50% of your salary in the last three months and further demands a recruitment fee from you if you resign from your job. . Even if you are on probation, you can quit your job without notice.
Based on your complaint, MOHRE can notify and request your employer to pay the unpaid wages owed to you and then cancel your work permit and residency visa. This is in line with Section 16(2) of Cabinet Resolution No. 1 of 2022, which states: “The Ministry may take all legal actions and measures provided for in the Executive Order and this Resolution and the regulations relevant legal vis-à-vis vis-à-vis the Establishment if the agreed salary is not paid.”
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice law in Dubai, UK and India. All the contact details of his office on: www.amalawyers.com.
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