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Can I still receive my settlement if my employer terminated my contract after one month?

Dear Lawyers,

My employer didn't proceed with processing my employment visa. They managed to apply for a labor card, but then held the process and sent me a WhatsApp message stating they would not proceed.

I worked with them for one month. They decided to terminate the contract and stop the visa process. I signed the job offer with a 10k salary, but the labor contract mentioned only 5k.

Until now, they have not paid my one-month salary. They told me they would pay my one-month salary after I returned all the company equipment they gave me, such as phones and a laptop.

My question is, do I have a chance to get my settlement? I already filed a complaint with MOHRE, but I know it will take time, and I have no idea if I even stand a chance. Please advise.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
23 Jul 2024, 06:48

Dear Questioner,

According to UAE Labour Law, you are entitled to your full salary for the month you worked, regardless of the employment visa status or the labor card process.

The salary amount should be based on the job offer you signed. Filing a complaint with MOHRE was the right step.

They will investigate the situation and mediate between you and your employer. The process might take time, but MOHRE usually upholds employee rights in such situations.

Follow up with MOHRE for updates on your case. They might provide a case number for reference.

If you need further clarification, you may ask.

23 Jul 2024, 07:20

Thank you so much, this is very helpful!

I just want to clarify one more thing regarding the salary. In the job offer that I signed, they indicated a breakdown of my salary totaling AED 10,000, but in the labor contract, it's only AED 5,000.

Are they going to pay me the amount indicated in the job offer or the labor contract?

23 Jul 2024, 09:42

Normally, they will follow the contract.

If you have a payslip from the company, then you can submit it.

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
25 Jul 2024, 06:57

Dear Questioner,

In the UAE, labor disputes are handled by MOHRE. Your chances of receiving settlements and unpaid salary depend on the evidence provided, job offer terms, and labor contract details.

Discrepancies should be clarified. Cooperate with MOHRE, provide evidence, and seek legal advice for support.

Keep all relevant documentation for resolving the dispute effectively.

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