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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi Goodafternoon..I need your help please

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Hi Goodafternoon..I need your help please
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Burdubai
Lawyer's Assistant: Has anything been filed or reported?
My boss not giving my salary from 2 month. And he promise me to put visa also still I am overstay he not doing anything. Now he said to close office also due to some security guard salary proble..mostly he not giving salary to staff. So what I will do now his phone is off but what's app is working. He always saying next week before eid he said he will give salary but till now he us saying me to wait. I am a lady I have to eat and have to pay my rent also but he not caring anymore. Please help me
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
It will take charge ??

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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 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.
Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to Article 121:
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
Then you can change the employer without NOC from the employer. Therefore, it is clear that the existence of the violation can be with him and as explained to go to the Labor Office and submit a complaint to the work of the branch and established in the UAE and that if you dispense with your services without the existence of the legal justification here Article (60)
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.
**Therefore, it is possible to go to the labor office, file a complaint, and force the employer to pay the wages due to the worker. In addition, in the event of overstaying due to the employer, fines of overstaying must be paid with the knowledge of the labor office.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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