Q: Our employer has set a trend of delaying salaries and now it’s been 6 months accumulated due. My visa is overdue for renewal. What should a person do… A: You should immediately file a labour case against your employer for the outstanding salaries because if you delay more…

Sharjah, UAE

2041

Outstanding salaries and non-renewal of visa by the employer

Hi,

My Name is K. and I've been working in a company registered in Sharjah since last 2 years. Recently, our employer has set a trend of delaying salaries and now it’s been 6 months accumulated due.

However, the employer releases one salary whenever the client is paying the company. In this due course, my visa is overdue for renewal. I have notified the employer and he promised to renew the visa in a week.

What should a person do if the visa renewal process on a committed day is not begun and the 6 months' salary is still overdue?

Who will be liable to pay fines for the delay in renewal if occurred?

If the WPS is not regularized by the employer, will the visa get renewed?

This is getting really more stressful day by day since there is no proper roadmap of paying the overdue by the employer.

Awaiting your guidance and information

Regards,

Hari Wadhwana

Al Nassar Advocates & Legal Consultants

Chat

Hire

Meet

1 Apr 2019, 12:45

Dear Kiran,

Thank you for getting in touch with me on this.

I understand your issue and I believe you should immediately file a labour case against your employer for the outstanding salaries because if you delay more, the court will not recognise your right.

According to the Labour Law, if an employee is not paid for more than 2 months, then it is deemed to be arbitrary termination for which the law affords compensation for salary up to three months.

Regarding your visa, if the visa is expired, then the fines will become your liability and you will have to pay these while exiting the country.

However, if you file a labour case before your visa expires then you can get protection from these fines as the court case will protect your stay without fines in the UAE.

In summary, please file a labour case claiming 6 months salary, three months salary as compensation, EOSB, annual leave (if any) at 9% interest. Filing of the case will redress your visa status in the UAE as well.

I trust you will find this helpful.

You can get in touch with me on 052-9495731 or email for further assistance or clarification.

Regards,

Hari Wadhwana

1 Apr 2019, 13:07

Hello Mr Hari,

Thank you for the advice. I have a few queries before taking any action.

Please note that my Emirates ID has expired in March 20th 2019. I would like to know if the employer has any grace period to renew the visa of an employee whose visa has expired.

My Visa date and Emirates ID expiry are on the same date. As per my discussion held today with the employer, I was informed verbally that the employer can wait for 1 month to renew the visa without any fine and post 1 month fine will be applied for the delay in renewal.

I have to take a smart move here since I am in a situation where I have got a valid visa and also overdue payment of 6 months.

My last salary which I received was on 17th March and this was the due paid for the month of September 2018.

There are dues from October 2018 to March 2019 along with the EOSB and 2-month annual leave are also pending. The total receivable due is AED 86000 as of today.

For your reference, my visa was issued from Sharjah and I have also sponsored my newborn baby boy who is 11 months old.

I would like to know if my visa is expired, is there any impact to my newborn baby visa.

Awaiting your feedback on the same if there is any such provision of fine concept to the employer if there would be a delay from the employer to renew the employment visa.

Regards

Was this content helpful?

Fixed-fee services

2 • View all