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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I work for a DIFC, Dubai based company and I did...

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I work for a DIFC, Dubai based company and I did not get my salary since September 2021. By End of November, I got Post dated cheques with maturity dates 28th of February 2022 as security cheques with a promise to be switch to cash in December but nothing happened and even my December salary is not paid. How can I get my salaries? and If want to go legal what compensations I can ask for ?

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the UAE Labor Law that provided a legal protection for wages as below article states:
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, not paying 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 below:
 
 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.
*** And with the checks you have, they can be submitted to the public prosecutor with a criminal complaint
Especially since the law considers it a crime to issue a check without a balance, and that the procedures are followed by the Public Prosecution regarding the investigation of the source of the check, arresting him and inflicting the penalty against him and obligating him to pay its value if Article (401) stipulates penalties for those who give in bad faith a check (a check) is punishable by imprisonment or a fine (He has no reward
Sufficient outstanding payment and withdrawable, or redeemed after giving him the check, all the consideration or
Part of it so that the rest does not meet the value of the check, or the drawee ordered not to cash it, or
He had intentionally edited it or signed it in a way that prevented it from being spent.
The same penalty shall be imposed on whoever appears to someone else or delivers a check to its bearer knowing that
The instrument has no outstanding consideration that satisfies its value or is not withdrawable. The penalty is imprisonment for one year
***It is also possible in the event of damage to you, to file a compensation claim before the competent court, provided that the damage is committed and proven.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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