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An employee files a case for unpaid salaries, but he was already paid. What to do?

Dear Sir/Madam,

My employee filed a labor complaint against my company to cancel his/her visa and pay the previous two months' salary, which we had already paid but do not have signed proof of.

The employee did not give a formal resignation and complained without notice. The contract is limited, and the employee completed the probationary period. It has only been 6-7 months since the employment visa was issued.

As a new business, it is a challenge for us to spend more money, and this employee was a waste of our time, effort, and money.

How can we move forward with this legally?

هلال وشركاه محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
4 May 2023, 09:35

Dear Questioner,

The salary should be paid through the WPS system, so you may use that.

If there is no proof of payment, i.e., a cheque or bank transfer, then that could be an issue.

If the employee filed a complaint for non-payment of salary, then resignation and notice are not required.

4 May 2023, 10:07

Is it possible to cancel the visa without the payment? Or is it possible for us to blacklist the employee or file a complaint against the employee due to bad customer feedback and complaints?

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
4 May 2023, 10:12

Dear Questioner,

The employer is required to prove that the employee's salary was paid, and the employee is not required to prove that he did not receive his salary.

If you cannot prove that he received his salary, he will win the case and be awarded his salary, warning allowance, ticket, and annual leave allowance.

حمدان الكعبي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
4 May 2023, 11:48

Dear Questioner,

The employee can resign anytime by giving adequate notice as per the contract.

If the notice period is not served, a compensation case can be filed against him.

4 May 2023, 12:52

Even when the employee files a complaint stating the non-payment of two month's salary?

5 May 2023, 05:23

It is mentioned above that you have paid.

If you are not able to prove that you have paid, you cannot force the employee to serve the notice period.

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