Questions & Answers

Ask a lawyer
Dubai, UAE

Unpaid salary and the right to resign and claim all benefits

Good day,

I am working in an LLC Company in Dubai with an unlimited contract. My scenario is as follows:

1. I am not paid salary for the last 6 months, haven't filed a case yet.

2. My visa and contract are finishing by the end of July 2019.

3. I got a job offer to join in August 2019.

4. My company is giving hope to give 2 months salary by 20 July 19.

5. The company is not paying the settlement to any while leaving.

Please advise me, can I leave this firm by the end of July and join the new offer without resignation and notice period?

My resignation will stop 2 months salary offered from them ( point 4 ).

Expecting a soon reply and thanking you.

Premium
Mohamed Bakheet Advocates & Legal Consultants
Chat Hire
Meet
15 Jul 2019, 12:29

Dear Questioner,

Thank you for contacting us.

Pursuant to your query, you may file a complaint to MOHRE (Ministry of Human Resources & Emiratisation) for the non-payment of salary and request the immediate termination of your employment contract.

Remain sponsored by your company until they pay your dues and request a NOC/work permit from the Labour Court to work with the new company.

It is advisable not to resign from the company because after resignation you may lose all your benefits from the company.

We can assist you with this case . You can email us.

I trust you will find this helpful.

For further assistant and clarification, please feel free to contact us:

Regards.

Al Wasl International Group Advocates & Legal Consultants
Chat
Hire
Meet
16 Jul 2019, 13:13

First, please send me a copy of your contract.

Second, yes, you can leave the company and file a complaint and ask for all your amount plus compensation. But the point here is that you should cancel your visa.

Please send to me your contract on my email.

Do not be hesitate to contact me.

Al Nassar Advocates & Legal Consultants
Chat
Hire
Meet
17 Jul 2019, 13:57

Dear Questioner,

Good evening.

Thanks for contacting online.

Regarding the first clause, you have to complain to the ministry of labour through Tasheel or Taawafuq for your salary arrears.

For the second thing, once your visa gets expired in July and if the company is not cancelling it, you can request the court to get a cancellation for you.

For the third thing, once the case is pending before the labour court, you can apply for a temporary work permit based on the offer letter from the new company.

Even though you receive 2 months salary in July, it will not cover your salary arrears.

So if the company is not ready to settle the benefits at the time of leaving, everything will be decided by the labour court.

Hope this answer will suffice your queries.

Please feel free to contact me if you need any further assistance or explanation.

Regards,

Anitha Rajeev

Fixed-fee services
2 2 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer