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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

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My employer asked me to stay at home n I have been...

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My employer asked me to stay at home n I have been home for 4 months without pay can I ask him to pay my full salary for the months I hv been home?

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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that
The salary can't be cut-off or totaly blocked by the employer since the ministry made it possible to reduce the salary amount permanentaly or temporary due to the actual health crysis,

A temporary or permanent reduction to salary will amount to a change of a key term of the employment contract. Advance written consent must be obtained from the employee in the usual way, or else the employer risks a claim.

Article 5 of the Resolution states that businesses seeking to temporarily reduce employee salary must sign an annex to the employment contract, in the form provided by MoHRE. The validity of the temporary arrangement will be as mutually agreed in the terms or for as long as the Resolution remains valid, whichever is sooner. The annex recording the salary reduction can be renewed by mutual agreement of the parties. Employers must retain an original of the annex so that it can be shared with the MoHRE if and when requested.

A permanent reduction in salary will require the employer to go one step further and first obtain the MoHRE’s approval by applying for a change to the registered employment contract. Employers wishing to introduce a permanent reduction to salary should consider how the employees’ post-employment gratuity will be calculated - specifically, if the gratuity accrued to the ‘changeover date’ will be ring-fenced at the original rate of basic salary, or if the entire gratuity value will be calculated with reference to the reduced rate of basic salary at time of eventual employment termination.

Concerning the non-pay,

The Ministry of Human Resources and Emiratisation (MoHRE) issued Ministerial Decree No. 739 of 2016, which stipulates that:

If the salary has not been paid within 10 days of the due date registered in the WPS, it is considered “late.”

If the salary has not been paid within one month of the due date, the employer is deemed to be “refusing to pay wages.”

So all you have to do is to contact MoHRE by visiting their local labour office to get advice and support, then accomplish and submit an application form that you'll find in their offices,

You have to submit these documents with your complaint too:
 labour card, 
Emirates National ID, 
labour contract, 
and other documents maybe require, it may vary on a case-to-case,

If, in the event that the question is intended otherwise, you can kindly ask it in detail and we will respond to it in the shortest time,

إسأل Lawyer

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

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