أسئلة وأجوبة
Can I claim full benefits if my actual salary differs from the contract?
Hello,
My basic salary stated in the contract is 1,000 dirhams, and the salary written was 1,000 dirhams as well. But I’m receiving 3,500 dirhams every month as per a verbal agreement between the company and me.
Now, my question is: if I take my benefits after I finish my contract, but they are only based on what's in the contract, should I file a complaint with the labour department?
According to UAE law, end-of-service benefits are calculated based on the basic salary stated in the official contract.
However, if you have been receiving a higher salary through a consistent verbal agreement, you may file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).
You will need to provide proof of the actual salary received, such as bank statements or payment receipts.
Our legal center specializes in such disputes, and you can contact us via WhatsApp for further legal support and inquiries.
Dear questioner,
The benefits will be provided according to the agreed salary, which is the basic salary. This is a general trend as well.
You can file the complaint; however, since you signed the contract, it will be difficult.
If you need further clarification, kindly share your WhatsApp number.
Greetings,
Thank you for your inquiry!
If your employment contract states a basic salary of AED 1,000, but you are receiving AED 3,500 monthly based on a verbal agreement, your end-of-service benefits (EOSB) will likely be calculated based only on the contractual amount, unless you can provide evidence (such as bank transfers, payslips, or internal emails) proving the actual salary.
In such cases, filing a complaint with the Ministry of Labour may be necessary to claim your full entitlements.
To protect your rights and assess your legal options, we recommend booking a consultation or authorizing us to represent you.
Your employment contract is a legally binding document. The basic salary stated in the contract is what the company is legally obligated to base your end-of-service benefits on, regardless of any verbal agreements.
While verbal agreements can sometimes be considered, written contracts generally take precedence in legal matters, especially concerning fundamental terms like salary.
Filing a complaint can not only help you potentially receive your correct benefits but also ensure that the company adheres to proper contractual practices in the future.
So you should consider filing a complaint with the Ministry of Human Resources and Emiratisation.
Dear Client,
According to UAE Labour Law, end-of-service benefits and other entitlements are calculated based on the basic salary stated in your official employment contract and reported to the Ministry of Human Resources and Emiratisation (MOHRE).
Verbal agreements or payments above the contract amount are typically not recognized unless you can provide clear, documented evidence (such as bank statements or pay slips) that demonstrate a consistently higher salary.
If your contract states a basic salary of AED 1,000 but you are receiving AED 3,500 as per a verbal agreement, your benefits will likely be calculated on the contractual amount unless you can prove otherwise.
If you believe this is unfair or not in line with your actual remuneration, you have the right to file a complaint with MOHRE. They will review your case and may request supporting documents to verify your claims.
To protect your rights in the future, it is always advisable to ensure that your employment contract accurately reflects your actual salary.
If you need further assistance or wish to proceed with a complaint, please gather all relevant evidence of your salary payments and contact MOHRE for guidance.
Let me know if you need any further support or clarification.
