أسئلة وأجوبة
How to file a case against my former company for unpaid salary I was not on their visa?
Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.
Dear questioner
If there is an agreement signed with the [----] company, then try to file a complaint in the Miscellaneous civil courts on terms of breach of agreement.
If you need further clarification, kindly share your WhatsApp number.
Dear Questioner,
Thank you for reaching out, and I’m sorry to hear about your situation.
Based on the information you provided, your case involves working without being under the proper visa sponsorship of the employer ([---] LLC), which does limit your ability to pursue a labor claim through MOHRE, as they typically handle disputes involving legal employment relationships.
However, you may still have legal recourse through the civil courts in the UAE. Since the employer benefited from your services and partially paid you, there is an implied acknowledgment of the work relationship, and you can pursue the unpaid salary through a civil compensation claim for the remaining amount of AED 2,527.
We recommend the following steps:
Gather and preserve all evidence of your employment (e.g., offer letter, payment proof, communications, work logs).
Prepare to file a civil case at the relevant court claiming compensation for unpaid wages based on unjust enrichment or implied contract.
If needed, we can assist with drafting and filing the claim and representing you through the process.
Please let us know if you'd like to proceed with a formal legal notice or file the case. We can also arrange a consultation to discuss the next steps in detail.
Best regards,
Mohammed Salah
Legal Consultant
Dear Inquirer,
Thank you for reaching out.
Given that you were working for [----] without being under their official sponsorship, this complicates the matter from a MOHRE standpoint, as it may be considered an instance of unauthorized employment under UAE Labour Law.
However, you may still have legal options to recover your unpaid salary through civil court proceedings or other legal avenues, depending on the available evidence (e.g., contracts, payment proof, communications, etc.).
To assess your case properly and take appropriate legal action, we recommend booking a consultation or formally appointing our office to represent you.
You can book your consultation directly through our website.
Best regards.
Dear Sir,
Since you were working under your previous employer's visa, it may be difficult to file a complaint through the MOHRE.
However, you can file a complaint with the relevant court in Dubai or with your former employer to claim the remaining salary.
You may also approach the labor court to obtain a judicial order for the outstanding payment.
If you need further clarification or legal assistance, feel free to contact us, and our office can assist you.
Under UAE law, if you have an issue with unpaid salary, you can file a legal complaint against your employer at the relevant labor court, even if you are not under the current employer’s sponsorship.
Our legal center specializes in such disputes and can assist you in pursuing your rights and recovering your unpaid salary.
For more details and legal support, please contact us via WhatsApp.
To address your unpaid salary issue effectively, consult a lawyer to send a legal notice demanding payment, consider filing a civil case or pursuing mediation if necessary, and prepare evidence to support your claim while addressing potential risks related to your visa sponsorship.
Please contact us on the phone or via email.
Dear Client,
Thank you for reaching out regarding your unpaid salary matter with [----] LLC.
Given that you were employed by [----] while still under the visa sponsorship of your previous employer [----] LLC, your situation falls outside the standard scope of the Ministry of Human Resources and Emiratisation (MOHRE) complaint process.
MOHRE typically handles cases where the employment relationship is officially registered and the employee is sponsored by the employer in question.
Recommended Course of Action:
1. Civil Court Claim:
You may pursue your unpaid salary through the UAE civil courts. Even in the absence of official sponsorship, UAE law recognizes actual work performed.
You can file a civil claim for the outstanding amount by providing supporting evidence such as your offer letter, employment correspondence, proof of work performed, and records of partial payment.
2. Documentation:
Collect and organize all relevant documents, including your offer letter, any written communications, proof of work, and the partial payment receipt. This evidence will be crucial in supporting your claim.
3. Legal Consultation:
It is advisable to consult with a UAE-based legal professional who can guide you through the process of filing a civil claim and represent your interests in court.
Summary:
While MOHRE channels are not available in your case due to the visa sponsorship issue, you retain the right to pursue your unpaid salary through the UAE civil courts.
Taking prompt legal action with the support of a qualified attorney will help maximize your chances of a successful resolution.
Should you require further assistance or legal representation, please let me know.
Best regards,