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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
from 2017 to 2019 i complete my contract with taxi...
from 2017 to 2019 i complete my contract with taxi company in abu dhabi, during the period company give me 2 many fines for miner accidents and fuel excess And other deductions 27000 of amount. in this period i have traffic fine is 3000 only, but after finishing the contract company dont pay me my gratuity and final sattelments. at that time time company even dont give me for last month. after that pro of company cancel me on that clause that you search another job we will give you cancel paper and you dont ask for any mony and we also dont ask 7000 dirham that they clam me in finishing the contract. now i came to another company on work visa. can i open my case now and took my right. please
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إجابة الخبير: 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, the employer can’t deduct any amount from the worker without legal reason as below articles states:
Article 60
No amount of money may be deducted from a worker's wage in respect of private claims, except in the following cases:
1. Repayment of loans or money advances paid to the worker in excess of his entitlements, provided that the amount deducted in this case shall not exceed 10 per cent of his wage.
2. Contributions that the workers are required by law to make from their wages, towards social security and insurance schemes.
3. The worker’s contributions to a provident fund or repayment of loans due thereto.
4. Contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department.
5. Fines imposed upon the worker for any offence he commits.
6. Any debt exacted in execution of a court ruling, provided, however, that the deduction made in execution thereof should not exceed one-quarter of the wage due to the worker. Where there are several debts or creditors, the maximum deduction shall be half the worker’s wage, which shall be divided pro rata among the creditors, after payment of any legal alimony to the extent of one quarter of the worker’s wage.
Article 61
Where a worker, either through his own fault or as a result of violating the employer's instructions, causes a loss, damage or destruction to any tools, machines, products or materials that are owned by or in the custody of the employer, the employer may deduct from the worker's wage such amount as may be necessary for repair or restoration, provided that the amount so deducted shall not exceed five days’ wage for each month. However, the employer, through the concerned labour department, may request the competent court for permission to deduct a higher amount if the worker has money or any other source of income.
Article 135
An employer may deduct any amounts owed to him by a worker from the latter's severance pay.
Therefore, the employer can’t deduct any amount unless mentioned above , or you have to file a complaint in the labor office.
***Therefore, it is possible to go to the labor office and file a complaint, as it is the competent authority to end labor disputes.
Article 60
No amount of money may be deducted from a worker's wage in respect of private claims, except in the following cases:
1. Repayment of loans or money advances paid to the worker in excess of his entitlements, provided that the amount deducted in this case shall not exceed 10 per cent of his wage.
2. Contributions that the workers are required by law to make from their wages, towards social security and insurance schemes.
3. The worker’s contributions to a provident fund or repayment of loans due thereto.
4. Contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department.
5. Fines imposed upon the worker for any offence he commits.
6. Any debt exacted in execution of a court ruling, provided, however, that the deduction made in execution thereof should not exceed one-quarter of the wage due to the worker. Where there are several debts or creditors, the maximum deduction shall be half the worker’s wage, which shall be divided pro rata among the creditors, after payment of any legal alimony to the extent of one quarter of the worker’s wage.
Article 61
Where a worker, either through his own fault or as a result of violating the employer's instructions, causes a loss, damage or destruction to any tools, machines, products or materials that are owned by or in the custody of the employer, the employer may deduct from the worker's wage such amount as may be necessary for repair or restoration, provided that the amount so deducted shall not exceed five days’ wage for each month. However, the employer, through the concerned labour department, may request the competent court for permission to deduct a higher amount if the worker has money or any other source of income.
Article 135
An employer may deduct any amounts owed to him by a worker from the latter's severance pay.
Therefore, the employer can’t deduct any amount unless mentioned above , or you have to file a complaint in the labor office.
***Therefore, it is possible to go to the labor office and file a complaint, as it is the competent authority to end labor disputes.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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