Questions & Answers
What to do if your former employer owes you money
Assalamu alaikum,
My name is Mohammed Yaseen. My concern is that my previous employer was supposed to pay me AED 3700 of my salary which is pending for one year, and I have been asking him for 6 months.
Actually, he was supposed to pay me AED 11700 after the cancellation of my contract, after cancellation he paid me AED 8000 but AED 3700 is still pending.
I couldn't do anything before the cancellation because I had to move to another company as the other company will not wait for me. So, on a mutual understanding, I cancelled the contract.
He also committed as documented in my official email address that he will pay me all amount, but now he isn't receiving my calls. I have the email, WhatsApp messages...etc as a proof.
What can I do now to get my money back? Please suggest.
I lost my patience, since 6 months I have been asking him. Please help. Appreciate any help provided.
Regards,
Mohammed Yaseen Ahmed
Dear Mr Yaseen,
I hope everything is good on your side.
Pursuant to your query, we may refer to Article 6 of the Labour Law which states as follows:
"Without prejudice to the provisions concerning collective labour disputes states in this law, if the employer or the worker or any beneficiary thereof raised a claim concerning any of the rights accruing to any of them according to the provisions of this law, he shall submit a request thereof to the concerned Labour Department.
This department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably.
If the amicable settlement is not reached, the said department must within two weeks from date of submitting the request, submit the dispute to the concerned court..".
Please note that the same article further provides that no claim of any entitlement due will be heard if brought to court after the lapse of 1 year from the date on which such entitlement became due.
Therefore, as per your query, we assume that your claim has passed the limitation period of 1 year, so legally you can't make any claims in the court or in the MOL.
Moreover, in case the legal period has not exceeded 1 year, you must immediately file a complaint with the Ministry of Labour.
Should you have any further clarification, please do not hesitate to contact us at info@awsuwaidi-advocates.com or you may call us at 045547635.
Regards,
Aws M. Younis
