إسأل Lawyer الآن
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
if I am working as a assistent engineer in al ain...
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if you take 3 hours to reach the work by public transports and the employer agree for that, then you have to check the below:
You can file a complaint against the employer in the Human Recourses Ministry and provide the evidence that the employer pays your full salary even you arrive work late, the legal researcher will decide the proper decision after your complain.
However, the UAE Labor Law states that the weekly working hours are 48 hours / 8 hours daily. If the hours exceeded then the employer shall pay overtime for the worker.
Below the articles that clarify the answer:
Article (65)
The maximum normal working hours for adult workers shall be eight hours per day or forty-eight hours per week. The working hours may be increased to nine hours a day in business, hotel, canteens, guarding and other work that may be added by a decision of the Minister of Labor.
The daily working hours may also be reduced for work that is stressful or harmful to health by a decision of the Minister of Labor and Social Affairs. The normal working hours are reduced by two hours during the month of Ramadan.
Article (67)
If the working conditions require the employment of the worker more than the normal working hours, the period of increase shall be deemed to be an additional time for which the worker shall be paid a wage equal to the wage corresponding to normal working hours plus an increase of not less than 25% of that wage.
Article (68)
If the working conditions require the employment of additional time between 9 pm and 4 am, the worker shall be entitled to the overtime pay for the regular working hours plus an increase of not less than 50% of that wage.
الرد من العميل
Hi sir thanq for the replay now the problem is I had periviously complaint my employer regarding my salary I didn’t gave me salary on January they told I will arrange to you sometime like that they send me the WhatsApp msg me conversations I had request I don’t have money for transport and all they every tommaro they gave some time rent not gave complete salary last 20 days I asked about my balance then they friendly talk Ashok put sign what you take and if put sign then we can get clearance like that they manipulate and take salary till July take sign with me and warn sign you did mistake in site but oppose to sign the site paper because with out support documents how can I sign them he told Ashok I will arrange money tommaro like then he put complaint on he didn’t do proper work and file complaint on him when get pervious balance sir if case is going how can servive I don’t have any money with I have to pay rents and all
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
In addition to our above answer, you have to review the authority that you filed a complaint in it, and you have to explain the struggle that you are facing which leads to have more debts on you.
Also, you have to ask them to check your complaint quickly and determine sooner appointment to solve it.
الرد من العميل
If it’s not solved in labour office it will went court if it will take how many days to slove the case and i can’t work any where how I can survive on that case proceding time period if I have visa for one and half year more if company pay basic salary to me case in court proceedings
الرد من العميل
Is the court accept what I sign on papers I Received the paper but in legally they didn’t put any amount on January they every month cash on rent and food and some expense he didn’t complete salary he forced to me and manipulate me take sign on after 10 months time period is this accept the court signed papers with out system shows the salary
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
- If the case is referred to the Labor Court, a request may be made to the judge in order to determine a sooner hearing to the case. The judge will consider your application and make a decision to accept or reject it.
- If your salary is transferred to your bank account, the bank can be reviewed for a certificate of the amounts transferred to your account by your employer.
- You have to prove to the judge that you do not get your full salary, and the employer has to provide a document that proves that you get your full salary clearly.
- As for the papers that you have signed, the judge may be satisfied or not convinced by them according to his discretion.
Here is the text of the UAE Labor Law regarding your inquiry:
Article 58
Evidence of payment to workers of their due wages, irrespective of their amount or nature, shall not be admissible unless it is in the form of documentary proof, admission or oath.. Any agreement to the contrary shall be null and void, albeit made prior to the date this Law comes into force.
الرد من العميل
If they provide document I signed they received salary court accept what conversion we had before on WhatsApp going on before case issues they mention I have to pay previous balance like and they take sign with me before With out putting last two mounts salaries when they complaint get for the bank then he take the for me and after they told come I will arrange with out he put case first he didn’t did his duty with notice legally are any formate after 5 months work finish they put case on me they didn’t work from me that’s y didn’t gave salary is this accepted the conversion on court accepted sir i already file case on 5 months before on that they told me in labour office they told I will gave the amount and then they take this step
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
If you have no other evidence other than those conversations that prove that your requests are valid, you must submit them, and the judge will decide whether or not to accept them, where this depends on the discretion of the judge.
الرد من العميل
My salary delay issue case is going on court I terminated the contract 60 days delay of my salary that case is in court now I have limited contract renewed two months before can I get due salary and gratitude from last two years and can I get any expanses when case going on the court how time it will take case going on on that period how can I survive without paying any amount to me company is it any option to get my expanses
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
The UAE labor law granted the worker the right to terminate the employment contract if the employer breached his obligations in the labor contract, also, if the employer refrained from paying the salary for two months, the worker may file a complaint about this matter and then after the issuance of a court ruling in favor of the worker entitlement to a salary of two months is which gives the worker the right to ask for the transfer of sponsorship to any other sponsor in addition to getting the late salaries. yet it does not give you the right to seek additional compensation.
We cannot predict for sure how long the case will take, but it is likely that the case will take from two to six months on average and may increase depending on the work pressure of the court.
Here is the text of the UAE labor law related to your inquiry:
Article (121):
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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