أسئلة وأجوبة
Right of the employee to resign without notice in case of holding salaries
Good morning.
My sister joined a company 2 weeks before her visit visa expired. Her company delayed processing her visa until she got overstay fines.
The company now suggested she pays for the fines before they issue her employment visa. She didn't have money and requested for the overstay fine to be deducted from her salary because she wants to work.
The company made her sign an agreement paper stating AED 6000 will be deducted from her salary as overstay fines. The company is deducting this cash monthly alongside a deduction because of COVID-19.
But for two months now, they didn't pay her salary. Every time she requested the salary, she is not given it. Now she stops working and wants to be paid before she starts working again.
She is still in her probation period and wants to request termination because the company is not terminating her. Would she have any ban if she requested termination during this probation period or if the company decided to terminate her?
Dear Questioner,
As per Article 121 of the UAE labour law, your sister has the right to resign if the employer is not upkeeping his obligations as per the employment contract.
A worker may abandon his work without notice in either of the following cases:
1. If the employer fails to honour his obligations towards the worker, as provided for in the contract or in this Law.
2. If he is assaulted by the employer or the employer's legal representative.
Salary is one of the important obligations of the employer.
She may serve a resignation with the reason stated therein and also she shall raise a complaint in the ministry citing her resignation because of salary delay and also claiming the dues.
Regards,
Rajasree Ravivarma
