Q: Will my contract be breached because of 2 unpaid salaries. Can I resign and change to a new company without getting a labour ban? A: You should register a case with the Ministry of Human Resources. Non-payment of salary is a breach of contract and a violation of the company's obligation…

Dubai, UAE

2540

Unpaid salary and the right action required to redeem it

I started working in August 2017 with a company in Dubai. By the end of August, I received my first salary on time.

Now, it is already the end of October and my employer still didn't pay my September salary. As per accounting, it is also not clear when we will receive October salary, maybe mid of November for September salary only.

My contract is unlimited and I would like to know when I can report salary delay to the MoL. By 11.11.2017, will my contract be breached because of 2 unpaid salaries in a row, and can I resign and change to a new company without getting a labour ban?

When can I stop working for my current company without notice due to unpaid salary and breach of contract?

Elena Schildgen

Meyer-Reumann & Partners

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2 Nov 2017, 09:06

You should register a case with the Ministry of Human Resources and Emiratisation (MOHRE), helpline number 800665, website www.mohre.gov.ae, or visit them personally.

Non-payment of a salary is a breach of contract and a violation of the company's obligation to process salary payments through the WPS system.

2 Nov 2017, 09:34

Thanks for your answer. So, can I report immediately the non-payment without the need to wait for 2 other pending salaries?

How long does it take on average to report with the MoL and to the final decision at Labour Court?

One of my wife's friends was stuck with a salary complaint at the MoL and Labour Court for more than a year and got fully bankrupt. In the end, he didn't receive the full outstanding salary.

I know each case is different but I'm afraid the same happens to me.

2 Nov 2017, 10:09

I am not aware of any waiting period and I do not think it is correct and acceptable.

In my view, the MoL is your best bet because the employer will be called for a mediation meeting so there might be some pressure. Secondly, your case is recorded and if you continue not to get paid you should be able to terminate.

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