How can we recover a salary advance to a new employee if he fails to come to duty and uses alcohol?

Dear B.,

Thank you for your message.

If you have a signed and thumb-printed cash receipt confirming the salary advance, you may have valid grounds to initiate a legal claim to recover the AED 7,000.

Additionally, the employee’s misconduct (absenteeism and alcohol use) may strengthen your case for termination and recovery.

To proceed effectively, we recommend reviewing the documentation and considering legal action through the Labour Court or civil claim, depending on the situation.

We invite you to book a consultation with Future Vision for Advocacy and Legal Consultancy to assess your options and take the necessary legal steps.

Best regards,

If you want him to continue working with you, you can deduct a part of his salary every month.

But if you want to terminate him, you have the right to do so due to his misconduct.

If the employee is still employed by the company, you can deduct the advance payment from their salary based on prior agreement, written permission, or the terms of the contract.

Legal Procedures in the Event of Failure to Reconcile: If the employee refuses to repay the advance payment or respond, you can resort to legal action through the Labor Court or file a complaint with the Ministry of Human Resources and Emiratisation to claim the amount based on the contract concluded between you.

Recovering the advance payment through the Labor Court: If matters cannot be settled amicably, you can file a lawsuit to recover the amount before the Labor Court.

Hello,

If the employee does not repay the advance or refuses to settle the debt, you can file a complaint with the Labor Dispute Center under the UAE Ministry of Human Resources and Emiratisation (MOHRE).

Include evidence of the employee’s misconduct (alcohol consumption and failure to attend work), as this could be part of your claim for non-performance and breach of terms.

If the matter is taken to court, the judge will review the case and, if in your favor, the employee could be ordered to repay the AED 7,000.