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Unpaid for 5 months: Should I leave immediately or file a complaint with MOHRE?

Good day!

I would like to seek advice regarding my situation. I am currently employed by a Freezone company under a limited contract valid until October 2024.

The issue is that they haven’t paid our salaries for 5 months (since February 2024). We have been receiving monthly promises that they will pay and settle the amounts, but we haven't received anything.

I tried talking to the management and sent them emails, and they again promised that they will settle everything in 2 months. I want to know my rights and if it is possible to leave without the notice period since they are already in breach of contract.

Additionally, is it better to complain to MOHRE immediately before my resignation, or should I wait for the 2 months they promised?

Thank you for the insights!

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Lex Resolvo Consultancy
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11 Jul 2024, 10:49

Dear Questioner,

First, you need to report this instance to MOHRE. We can assist if needed.

Second, if you are willing to resign, this should come after filing the case and serving your notice period as per your employment contract.

11 Jul 2024, 10:49

This is my personal number if you need more guidance [------].

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Amiri Advocates & Legal Consultants
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11 Jul 2024, 11:00

Dear client,

If they stop paying your salary for two consecutive months, you have the right to leave your job, but do so through a labor complaint.

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Alawi Aljaberi Advocates & Legal Consultants
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11 Jul 2024, 11:01

You can file a complaint on MOHRE for your pending salaries.

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Al Hajeya Alnoobi Advocates and Legal Consultants
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11 Jul 2024, 11:02

Thank you for contacting us!

Based on your description, you have the right to leave the company without a notice period because the company, by delaying your salaries for 5 months, has breached the contractual terms and its obligations as an employer.

Therefore, I advise you to immediately file a complaint with the labor office affiliated with your Freezone company.

The labor office will then refer the case to the Ministry of Human Resources and Emiratisation (MOHRE), and subsequently to the court.

Your claims in the court should include:

- Unpaid salaries

- End-of-service gratuity

- Compensation for the notice period

- Compensation for annual leave

- Return ticket

- A certificate of experience

- Any overtime work, if applicable

Please let me know if you need further assistance.

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KHE Legal Consultancy
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11 Jul 2024, 11:22

Dear questioner,

If you are planning to resign from the company, then it will be better to file a complaint in MOHRE.

11 Jul 2024, 11:22

Kindly contact me for further assistance.

11 Jul 2024, 11:23

Thank you!

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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12 Jul 2024, 07:29

Hello,

You can submit a complaint before resigning to the relevant labor office in the free zone.

If the company pays your salary, you can waive the complaint after payment.

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MBC Legal Consultants
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12 Jul 2024, 10:58

Dear Client,

You have the right to file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) due to non-payment of salaries, which is a serious breach of your employment contract.

According to UAE labor law, you can terminate your contract without notice if your employer fails to pay your salary for more than 60 days.

It's advisable to file a complaint with MOHRE immediately to protect your rights and seek resolution.

For assistance, kindly contact us.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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15 Jul 2024, 11:23

It's not okay for your employer to withhold your salary for so long. You have rights protected under UAE labor law.

You can resign without notice and seek compensation for unpaid wages. Keep records of communication and consider filing a complaint with MOHRE.

If salaries aren't paid, legal action can be taken through the labor court. Consulting a legal professional may be helpful.

Take action to protect your rights and get the compensation you deserve.

Good luck!

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