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The current employer delays the salaries. How to leave and join a new employer?

Hello ma'am,

I am working in a private company in Dubai. My contract is unlimited and my service is 4years 10 months. My employer doesn’t pay salary regularly. There is always a delay.

If I ask them, they pay only partial money in cash and the balance amount will adjust in the next payment. This process was started during Covid from Jan 2020 and till today they are continuing the same.

Because of such process, my salary got accumulated and it is outstanding. When I check with the employer to clear my dues, they give false promises that they will settle in a week's time.

I decided to put resignation and get a new job offer. The employer wants 30 days' notice but the new company said they will not wait for 30 days and need me to join within 15 days.

Kindly advise as I don’t want to lose my new job offer and, at the same time, my pending salaries and settlement.

Thanks!

Hussain Lootah & Associates
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19 Dec 2021, 08:28

Dear questioner,

You may serve a resignation notice with immediate effect under Article 121 which states that the employee can leave immediately “should the employer breach his obligations towards the worker as set forth in the contract or the law”.

I assume that your employer is not transferring to WPS on a regular basis.

Once you serve the notice, immediately file a labor complaint against the employer claiming the labor dues.

Regards,

Rajasree Ravivarma

19 Dec 2021, 09:22

Thanks for your response!

Yes, mam, the salaries are not processed from WPS.

Now, I served 22 days of notice. I don’t want to continue working as I am not getting any response from them.

My new employer wants me to join immediately. I assume that if I file a case then my visa can’t get canceled so I need to wait till the case closes.

If that is the case, then how can my new employer apply for a visa and I go for work?

19 Dec 2021, 10:09

In that case, you can file a complaint with the ministry of labor to cancel your visa.

Since you have already served 22 days' notice, you may pay 8 days' salary to him and exit the company on the 22nd day.

If the employer is not canceling your visa, you may approach the ministry of labor requesting the cancellation of the work permit.

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