إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
To begin with, my company suddenly paid me only...
To begin with, my company suddenly paid me only 60% of my salary in April citing covid issues without any signed agreement and then immediately verbally asked me to stay at home for next three months without pay and return to office in August. But now they say they cannot take me in August as they cannot pay and they want me to leave the company.In the full month of May I did a lot of worn fro online ads and social media posting for the eid period and the entire month of May bringing in online revenue and they have not paid me for my work. They did not pay me anything in May June and July, and now they don’t want me after promising that I can join back in AUGUST. So basically they promised and not delivered, they kept me waiting and suddenly say they cannot take me back.They are only willing to give me the gratuity including one month notice period salary which I believe is unfair. What are my options with Labor?
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الرد من العميل
I am awaiting the answer. Thank you.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that referring to the UAE labor law that provided a legal protection for wages in the text of Article (56):
Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks.
** Therefore, failure to pay wages on the specified dates by law is considered a legal offense with which a complaint shall be filed at the work and workers department attached to it the bank statement to show that the salary has not been received and then claim it through this authority. In the event that the complaint is proven, you may leave work according to the text of Article (121):
The worker may leave work without warning in one of the following two cases:
A- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
B- If the employer or his representative legally assaults the worker.
Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks.
** Therefore, failure to pay wages on the specified dates by law is considered a legal offense with which a complaint shall be filed at the work and workers department attached to it the bank statement to show that the salary has not been received and then claim it through this authority. In the event that the complaint is proven, you may leave work according to the text of Article (121):
The worker may leave work without warning in one of the following two cases:
A- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
B- If the employer or his representative legally assaults the worker.
*** With the worker retaining all his rights and end-of-service indemnity, the worker may grant permission to change the work authority without the need for non objection from the sponsor, and it is also possible to submit an electronic complaint by entering this link: HR and complainant WeWe would like to inform you that according to the Federal Labor Law, in the event of refusal to transfer and the worker's termination of work, the matter may be considered an arbitrary dismissal and the text of the article applies to it.
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. unless the reason for termination is related to what is stipulated in Article (120)
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. unless the reason for termination is related to what is stipulated in Article (120)
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
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