Questions & Answers
A company sent an employee on vacation due to COVID-19 and deducted his full salary
Hi,
I have been working in my company for about 14 years now. Due to the pandemic, I went home in March as a vacation, but never get any financial assistance from my company.
Now my company is not even bothered to bring me back to work.
Do I need to resign to find a new job and can I still claim my service fee/gratuity?
We are a Free Zone company.
Please give advice.
Thank you!
Dear Questioner,
From the brief information presented by yourself, I understand that you have been sent on unpaid vacations due to the COVID-19 pandemic in March 2020.
Please note that an employer may deduct your salary in accordance with the Ministerial Resolution No. (279) of 2020 concerning the employment stability in establishments of the private sector during the application of precautionary measures to control novel coronavirus outbreak, issued by the Ministry of Human Resources and Emiratization (the 'MOHRE') related to Covid-19.
This Ministerial resolution applies to mainland companies.
As per the UAE Labour Law, companies may deduct salary on a temporary basis with employee's consent and, in case they want to make it permanent, an amendment must be submitted to MOHRE.
In your case, your company is a free zone entity and I assume they have not taken your written consent for salary deduction either. You may have a right to file labor claim for recovery of your pending salaries, EOS for 14 years and more if applicable.
Please share your details with me via email or Whatsapp.
Best Regards,
Jassim Ali Al Haddad Lawyers and Legal Consultants
