Salary deduction by UAE Firms become the mostly discussed topic on our platform and we have been asked many times for the solution.
Employees especially those who are earning from 1500 to 2500 AED per month are afraid and feeling fearful to speak up with their Employers.
As per the research 70% of worker are worried about losing their jobs or facing ban. So, we have decided to write few lines to reduce the fear of employees by writing authentic and informative articles regarding “Salary Deduction in UAE”.
Hope it will give some sort of confidence to all those who are facing salary deduction issues in United Arab Emirates.
Salary Deduction by Employer is illegal:
Please note that your employer (company) cannot deduct a portion of worker salary without a valid or solid reason.
As per UAE Employment Law, Article 60 of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE states:
“No amount of money may be deducted from a worker’s remuneration in respect of private claims, except in the following cases:
1: The recovery of advances or amount of money paid to the worker in excess of his entitlements, on condition that the amount deducted in this case does not exceed 10 per cent of his periodic remuneration;
2: Contributions which the worker is required by law to pay from his remuneration, e.g. towards social security and insurance schemes;
3: The worker’s contributions to a savings fund or repayment of advances repayable thereto;
4: Contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department;
5: Fines imposed upon the worker for any offence he has committed;
6: Any debt payable in execution of the judgement of a court of law, provided that the deduction shall not exceed one quarter of the worker’s remuneration.
Where two or more debts are payable, the maximum shall be half the worker’s remuneration and the sums of money attached shall be divided pro rata among the beneficiaries, after payment of any legal alimony at the rate of one-quarter of the workers remuneration.”
Non-payment of salary is violation of UAE Employment law:
Please keep in mind that non-payment of salary by an employer (company) to the employee (worker) is a violation of the UAE Labour law.
Can Employee (Worker) Leave Company in case of No Salary:
Yes, employee (worker) is allowed to leave his place of work without any notice, if the employer does not fulfill his obligations and duties towards the employee that is written in the contract.
As per Article 121 of the Federal Law No. 8 of 1980 which states:“A worker may leave his work without notice in either of the following cases:
1: If the employer fails to comply with his obligations towards him, as provided for in the contract or in this Law;
2: If he is assaulted by the employer or the employer’s legal representative.”
What to do after Leaving Company?
Pursuant to the above-mentioned provision of UAE Labour law, worker (employee) may leave his/her place of work forthwith, without providing a notice to his/her employer (company), provided you file a complaint against your employer (company) at the Ministry of Labour (MOHRE) stating non-payment of salary.
Can I Apply for Cancellation through Court?
Yes, you can apply for cancellation of your employment contract and visa. You may furnish relevant documents of ‘WPS records’ (WAGE PROTECTION SYSTEM) to prove that you were not paid your salary in due time.
WPS can be your Bank Statement or Company Account Statement.
Is there a Ban from Employer if someone file a complaint?
If you have successfully file a complaint at MOHRE previously Ministry of Labour and you have already proved that you have not been paid by your company for at least 3 months, an ’employment ban’ may not be imposed on you, but please keep in mind that you need to prove to the Ministry that you had left your place of work owing to non-payment of salary by your employer (company) for 3 consecutive months. Subsequently the (MOHRE) Ministry of Labour shall issue its report in your favor, once court final its statement you are able to take up another employment visa anywhere in United Arab Emirates without any type of labour ban being imposed on you.
You may contact (MOHRE) the Ministry of Human Resources and Emiratisation (previously, the Ministry of Labour) in the event of a dispute with your employer (company) or should you face any infringements/violations in respect of your rights as an employee.
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