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What can I do if my company delays my salary more than ten days?

Good day,

In my contract, salary payment days are around the 30th of each month.

My company delays salary payment. Now the first month, it's been 10-15 days, and until the moment I haven’t received my salary for May.

Is it legal?

Which legal argument I can use in this case?

Thank you

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
9 Jun 2024, 12:06

Greetings.

Salaries may not be delayed beyond the first day of the month, and you can file a complaint with the Ministry of Human Resources and Wage Protection.

For further inquiries about your topic, you can reach our office or contact us on WhatsApp.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
10 Jun 2024, 04:01

Apply on the Ministry of Human Resources and Emiratisation website. A salary complaint is a confidential complaint submitted by the worker to report the establishment’s non-compliance with payment of wages and without notifying the employer as the complainant (confidential complaint).

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
10 Jun 2024, 05:47

No, it is not legal for your company to consistently delay your salary payment. If your contract specifies payment around the 30th of each month, then a delay of 10-15 days constitutes a breach of contract.

In this case, you can argue that the late payments are a breach of your employment contract and violate UAE labor law.

This gives you grounds to file a complaint with the MOHRE. For further clarification, please share your Whatsapp number.

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
10 Jun 2024, 09:29

Dear questioner

It can be considered as a breach of the terms of the contract. If the salaries are pending then you can file a complaint in the MOHRE upon the same.

If you need further clarification, please share your Whatsapp number.

محمد الحضرمي محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
10 Jun 2024, 09:53

There is no any illegal issue if they delay, even for one month.

Stellar Legal Consultancy
دردشة
توظيف
اجتماع
11 Jun 2024, 06:56

Based on your query, it is assumed that you are employed by a mainland company in the UAE.

Article 1 of Ministerial Resolution No. 598 of 2022 on the Wages Protection System states that an employer may be required to pay the salary to its employees on the first day of the month following the registered salary date mentioned in the employment contract.

Furthermore, an employer who fails to pay the salary to its employees within 15 days of the due date will be considered delayed payment by the employer.

Therefore, a delay in salary payment by your employer of 10-15 days may not be considered as salary payment delay.

However, a delay of more than 17 days may prompt action by MOHRE against the employer, as mentioned in Article 2 of the aforementioned law.

14 Jun 2024, 06:06

Thank you for your advice!

But if the salary payment date is clearly specified in the contract as the 30th of each month, and the salary is constantly delayed, it’s stressful and insecure.

What is the reason to mention the salary payment date in the contract if the company can pay whenever they want? "We want, we delay; we want, we pay something in between?" What about the law?

Don't employees have the right to receive payment for their work on time?

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
13 Jun 2024, 09:54

Dear Questioner,

Delayed salary payments can be a concerning issue, and it's essential to ensure that you receive your salary on time as per the terms of your employment contract.

In the UAE, labor laws provide specific guidelines and protections for employees regarding timely salary payments.

Here are some key points to consider in this situation:

1. Legal Framework:

- UAE Labour Law:

The UAE Labour Law mandates that employers pay their employees' salaries on time as agreed upon in the employment contract. The law ensures that employees receive their full salary without any delays.

- Salary Payment Frequency:

If your contract specifies that your salary should be paid around the 30th of each month, the employer is legally obligated to adhere to this payment schedule.

2. Legal Recourse:

- Employee Rights:

As an employee, you have the right to receive your salary on time. Delays in salary payments violate your rights and may entitle you to take action to address the issue.

- Contractual Obligations:

By documenting the agreed payment terms in your employment contract, you can use this as a legal argument to support your claim for timely salary payments. Pointing out the specific language in your contract can reinforce your position.

3. Steps to Take:

- Internal Communication:

Start by addressing the delay with your HR or payroll department. Express your concerns and remind them of the agreed-upon payment schedule in your contract.

- Formal Complaint:

If internal communication does not result in prompt resolution, you may consider filing a formal complaint with the relevant labor authorities.

The Ministry of Human Resources and Emiratisation in the UAE handles labor disputes and can intervene to enforce your right to timely salary payments.

4. Next Steps:

- Document Everything:

Keep records of all communication, including emails, messages, or any other form of correspondence related to the salary delay.

Documentation will be valuable evidence if you need to escalate the issue.

- Official Complaint:

If the issue persists, you may file an official complaint with the authorities to address the delayed salary payments and seek a resolution.

It's important to take action to protect your rights and ensure that your employer complies with the legal requirements for timely salary payments.

If the company continues to delay payments despite your efforts to resolve the issue internally, seeking external assistance and guidance can help you navigate the situation effectively.

14 Jun 2024, 06:09

Thank you for the advice; it’s very professional and helpful!

14 Jun 2024, 14:15

I'm glad you found the advice helpful.

If you have any more questions or need further assistance in the future, please don't hesitate to reach out. I'm here to help in any way I can.

Good luck with resolving your concerns, and take care!

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