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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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The company I came to work for has insisted on...

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The company I came to work for has insisted on making me work as a labourer and giving me labourer salary despite having issued me a visa as an administrative officer. The company still holds my academic documents and has refused to return them to me. Its now been 9 months since I came to uae and have been working as labourer. I was made to sign the contract at night under intimidation and was not give the chance to read through the entire contract since only the last page was presented. What can I do, its been 9 months now and I feel I should not just sit and kill my career in labour work. Please advise

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الرد من العميل

I would like to know if I can further sue the company for breach of contract?Given that I have worked with the company for 9months do I still stand a chance of winning the case?what would be the possible compensations made to me by the company if I win the case?Actually I would like the company to terminate my contract and send me back home since they don't have the work they brought me for, how possible is this?As and administrative afficer I believe salary is higher compare to that of a labourer,But I have received labourer salary since I started work, Can I capitalise on this to pin the company for the rightful salary of an admin officer? And can the company be ordered by court to pay all my arrears in salary as an admin officer??

الرد من العميل

If I report the case to MOHRE, how long is the case likely to take? And what compensations am I liable to if I win the case??

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that if the company violates the work contract, then note that the UAE labor law does not include a provision that prohibits the employer from assigning the worker to perform work that differs from the work recorded in the work contract. Nevertheless, you can file a complaint against the employer, if the work is completely different from the profession contained in the employment contract.
 
 But the company does not have the right to reduce the employee’s salary, and to grant him a salary less than the salary recorded in the contract. The worker can file a complaint with the Ministry of Human Resources and Emiratisation against an owner in order to obtain his salary recorded in the full labor contract.
 
 You can also ask to terminate the employment contract because the employer violated the profession registered in the employment contract, in addition to granting you a lower salary.
 
 Also, that case may take between three to six months , on average, because if the Ministry of Human Resources fails to solve this problem, it will send it to the labor court in order to issue a binding court ruling against the employer by paying the employee’s salary as recorded in a contract  the work .
 
 Here is the text of the UAE Labor Law, and related to your inquiry
 
 Article (58)
 
 It is not permissible to prove the fulfillment of workers with the wages due to them, whatever their value or nature, except in writing, acknowledgment, or oath.
 
 Any agreement to the contrary is considered void, even if it was prior to the implementation of this law.
 
 Article (121)
 The worker may leave work without warning in one of the following cases:
 - If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
 - If the employer or his representative legally assaults the worker.
 

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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