أسئلة وأجوبة
What can I do if my employer refuses to pay me and I have no contract?
Hello,
What legal action can I take in case the employer refuses to pay my salary and I don't have a contract with them?
Dear Sir/Madam,
Thank you for your inquiry regarding the non-payment of salary in the absence of a formal employment contract. Please be advised of the following professional course of action:
1. File a Formal Complaint:
- Contact the Ministry of Human Resources and Emiratisation (MoHRE).
- File a complaint under the "unpaid salaries" category.
- Use the online portal or the hotline.
2. Documentation:
- Compile all available evidence of your employment relationship.
- Include any correspondence, work schedules, or witness statements.
- Document all instances of non-payment, specifying dates and amounts due.
3. Reconciliation Process:
- Attend any reconciliation meetings scheduled by MoHRE.
- Participate in good faith to reach an amicable resolution.
4. Legal Proceedings:
- Should reconciliation fail, your case may be referred to the Labour Court.
- You may then file a formal lawsuit for non-payment of wages.
5. Compensation Claims:
- Seek recovery of all unpaid wages.
- The court may impose additional penalties on the employer for labour law violations.
6. Interim Employment:
Inquire about eligibility for a temporary work permit during case proceedings.
Just to let you know, UAE labour laws protect your right to compensation for work performed, regardless of the existence of a formal contract. The absence of documentation does not absolve the employer of their payment obligations.
For further assistance or to initiate the complaint process, please contact MoHRE or consult with a legal professional specializing in UAE labour law.
Yours sincerely,
Dear Questioner,
Good morning!
If your employer refuses to pay your salary and you don’t have a written contract, you can still file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).
Provide evidence such as pay slips, bank statements, emails, or witness statements to support your claim.
If mediation through MOHRE fails, you can take legal action and file a case with the labor court to claim your unpaid salary and any potential compensation.
For assistance with this process, please contact us.
Even if you do not have a written employment contract, you can still prove your employment relationship and claim your unpaid salary.
The UAE Labor Law (Federal Decree-Law No. 33 of 2021) protects all employees, regardless of whether they have a written contract, as long as there is evidence that they have been working.
Kindly contact us for further assistance.
Greetings,
If your employer refuses to pay your salary and you do not have a formal contract, you may still have legal options:
- Proof of Employment: Gather any evidence, such as emails, payment records, work correspondence, or witness statements, to support your claim.
- Legal Complaint: You can file a complaint with the UAE Ministry of Human Resources and Emiratisation (MOHRE) or the relevant free zone authority if applicable.
- Court Action: If informal resolution fails, you may pursue a case in the UAE Labour Court to claim unpaid wages.
Each case depends on specific circumstances, so we recommend booking a consultation with us to assess your legal position and take the necessary action.
Hello,
Even if you do not have a written employment contract, you still have the legal right to claim your unpaid salary under UAE Labour Law (Federal Decree-Law No. 33 of 2021).
The absence of a formal contract does not negate the existence of an actual employment relationship if you can prove that you worked under the employer’s supervision and control.
The Dubai Court of Cassation (Labour Appeal No. 9 of 2015, dated 28/04/2015) has established that an employer who hires a worker without transferring their sponsorship or without completing the legal procedures does not escape the obligations of an employment relationship.
The ruling confirmed that as long as the worker performed tasks under the employer’s authority and direction, the employment relationship is recognized, and the employer remains liable for all obligations arising from it, including payment of wages.
To claim your unpaid salary, you should first file a complaint with MOHRE (if the employer is registered) or approach the Labour Court if MOHRE is not applicable to your case.
According to the Dubai Court of Cassation (Labour Appeal No. 125 of 2018, dated 30/10/2018), a labour complaint can be submitted to MOHRE in any form, including in person, through an authorized representative, by email, fax, or even via the employee’s workplace or relevant authority.
This means you have multiple ways to file your claim, even if you cannot visit the labour office in person.
If your employer refuses to pay, you may seek a Labour Court ruling to recover your salary and any additional entitlements.
If your employer engages in illegal hiring practices, they may face penalties, but this does not affect your right to demand payment for your work.
Given the complexities of proving employment without a contract, I recommend seeking legal assistance.
Please feel free to contact me via phone or email to discuss the best course of action.
Dear questioner,
If the employer has not provided a contract or you do not have a work permit, then it is illegal to work.
The authorities can also fine you for working illegally, so file a complaint stating that the employer misled you regarding the work permit.
If you need further clarification, kindly share your WhatsApp number.
