Questions & Answers
The right action when the employer does not pay the salary on time
Hello Mr. Ahmed,
My wife is working in a private company in Dubai since September 2018. The employer and his partner spent 2 months in prison for some illegal activity.
Employer's clients used to call my wife and ask her to finish the pending jobs (the jobs are not her responsibilities but she finished them when her employer requested that from her through the phone) and 1 month back, the employer came out of prison.
For 6 months, her employer is not transferring salary, he paid 2 months' salary in small amounts. 4 months are pending. Whenever she asks, he does not respond.
When she complained to the ministry of labor (80060), they told her they can solve the salary issue, but if she wants to resign, the employer has the right to ban her for 1 year and she has to pay the employer 45 days salary due to her limited contract.
She doesn't want to work with him because of the reckless behavior and delaying the salary. Please advise us if we can take legal action against him.
Dear Questioner,
Please note that the fact that your wife is not getting paid her salary on time allows her to file a complaint and claim compensation for arbitrary dismissal due to the fault of the employer and default on payment.
In this case, the limited contract penalty of 45 days does not apply because she will not be considered as a resigned employee. As well, the labor ban will not apply in her case.
