Salary Delay Complaint and Penalties: Essential Guide 2023

Salary Delay Complaint to MOHRE in Dubai: Easy Steps

Dealing with delayed pay or unfair salary deductions in Dubai? The Ministry of Human Resources and Emiratisation (MOHRE) has a solution. Here’s how you can file a confidential complaint:

Types of Complaints: You can report these salary problems on the MOHRE app:

1. Salaries late by more than 15 days
2. Unreceived salaries for one or two months
3. Missing overtime pay
4. Illegal deductions from your salary

When Should You Get Paid?

As per UAE rules, your wages should arrive from the first day of the month after your work period. If the exact period isn’t in your contract, you must be paid at least once a month. If not paid within 15 days after the due date, the employer is at fault, unless your contract says differently.

Illegal Salary Deductions:

Article 25 of the UAE Labour Law (Federal Decree Law No. 33 of 2021) outlines legal salary deductions. If your company takes money without a valid reason, like recruitment costs, you can report this to MOHRE.

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Filing a Salary Complaint with MOHRE:

Follow these easy steps for making a salary delay complaint:

1. Download the ‘MOHRE’ app from the App Store or Google Play.
2. Sign in if you have an MOHRE or UAE Pass account. If not, sign up and pick ‘employee‘ for registration.
3. Find ‘My salary‘ in the ‘favourite services‘ section.
4. Tap ‘Apply for this service‘.
5. Enter your mobile number.
6. Pick the months (within the past year) you want to complain about.
7. Select your complaint type (delayed salary, deductions, etc.).
8. Tap ‘Submit’.

Your complaint goes to MOHRE. They’ll contact you for more info. If your complaint checks out, the Labour Inspection Department might visit your workplace to confirm.

Remember, companies must follow the rules laid out in Ministerial Resolution No. (43) of 2022 for timely salary payments. If you face issues, use this simple process to get the help you deserve.

You can also reach the :

• Hotline: Call MOHRE’s toll-free hotline at 800 60 to follow up on complaints or transactions.
• Labour Claims and Advisory Centre: For legal advice and inquiries, contact the centre at 04 665 9999 to know your rights as an employee or employer.

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Documents Needed for Making a Labor Complaint

When making a labor complaint, you’ll usually need certain documents to support your case. These documents might vary depending on the situation, but there are some common ones you’ll need to provide:

• A copy of the employee’s passport and Emirates ID.
• The labor contract that was registered with MOHRE or the free zone.
• If applicable, a resignation or termination letter.
• Any other relevant documents that support your complaint, such as bank statements showing unpaid salary, correspondences that prove violations of labor laws, and more.

Ensure you understand your rights and the consequences for companies not paying salaries on time in Dubai. If you’re facing issues, seek assistance through the provided channels.

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Will My Salary Change if I File a Labor Complaint?

The Ministry of Human Resources and Emiratisation (MOHRE) shared details in their ‘Labour Market’ magazine about how the process works when a case is registered.

Key Points to Remember:

1. If your case goes to court, make sure you update your legal status in the country.
2. If you keep working while your complaint is in progress, you might be able to claim two months’ wages. MOHRE could help you get this if your employer doesn’t pay.

Your employer might not have to pay your salary during this time. However, if you keep working, you could ask for up to two months’ wages as per UAE Labor Law Article 54 (3).

If you’re fired for making a complaint, you could be owed compensation not exceeding three months’ salary, mentioned in Article 47 of the Labor Law.

You can look for a new job if your case is going to court. Article 17 (4) of Cabinet Resolution No. 1 of 2022 allows MOHRE to cancel your work permit if you’re switching jobs. Just make sure you’ve registered your case and meet certain conditions.

MOHRE can cancel your work permit for a new job if:

• More than six months passed since your complaint was filed.
• You request the cancellation (except if you’re under investigation).

Remember, MOHRE can help you switch jobs if needed. Keep your status updated for a smooth process.

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Salary Delay Penalties: Fines and Work Permit Consequences

If you’re dealing with late or unpaid salaries in Dubai, your company could be in for some serious trouble. The Ministry of Human Resources and Emiratisation (MoHRE) has laid down strict rules through the ‘Ministerial Resolution No. (43) of 2022 – Regarding Wages Protection System’, to ensure timely payment of employee wages. Let’s break down what happens if your employer fails to pay on time.

What Happens if Your Salary is Delayed in Dubai ? Know the Penalties

Penalties for Late Salary Payments

As per the new law, companies failing to pay their employees’ wages on time will face the following actions:

1. On the Due Date: The company will be electronically monitored for wage payment compliance.
2. 3rd and 10th Day After Due Date: Reminders and notifications are sent to non-compliant companies.
3. 17th Day After Due Date: New work permits issuance suspension, along with electronic monitoring and inspections.
4. If, within 30 days of the due date, companies with more than 50 workers haven’t paid salaries, the Public Prosecution will be informed. The authorities at both federal and local levels will take legal actions. The Ministry’s department will also keep track of the situation.
5. If the issue continues for four months after the due date, the company won’t be allowed to get new work permits. This also applies to any other companies the owner runs in the UAE with the same payment system
6. Repeat Violation:
   • The company will have to pay a fine as decided by the rules.
   • The company’s status might be lowered to a lower category as per the rules.
7. 3 Consecutive Months Without Payment:
   • The company will receive an electronic notice.
   • The ban on issuing new work permits will stay in place.
   • Renewing a worker’s work permit who hasn’t been paid will be stopped unless their status is properly updated.
   • If the issue of unpaid wages continues, the authorities will visit the workplace after six months from the non-payment date. This is to confirm if the worker is still employed. If not, the company might face legal actions, including a fine. This process involves working with different authorities to impose the necessary fines according to the rules.

Facing Fines and Work Permit Bans

Not adhering to MOHRE’s Wages Protection System can lead to significant fines:

• Forcing false documents or incorrect data: Dh5,000 per worker, up to Dh50,000 for multiple workers.
• Not using the Wages Protection System: Dh1,000, up to Dh20,000.

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How to Remind your Employer to Pay your Salary?

If you need to remind your employer to pay your salary, here are some steps you can consider:

1. Communicate Clearly: Contact your employer through a respectful and clear communication channel, such as email or in person, to inquire about the status of your salary.
2. Polite Reminder: Politely remind your employer about the due date of your salary and express your concern about not receiving it on time.
3. Provide Documentation: If possible, provide documentation or records of your work hours or tasks completed to support your claim for payment.
4. Use Formal Language: When communicating, maintain a professional tone and use formal language to show your seriousness.
5. Ask for Clarification: Ask if there are any issues or delays causing the delay in salary payment. This can help you understand the situation better.
6. Highlight Financial Impact: If the delayed salary is causing financial difficulties for you, respectfully explain your situation. This might encourage your employer to take prompt action.
7. Involve HR: If your employer has a human resources (HR) department, reach out to them to inquire about the payment and express your concerns.
8. Follow Up: If you don’t receive a response or resolution after your initial communication, follow up with a polite reminder after a reasonable period.
9. Escalate if Necessary: If the issue persists, consider reaching out to higher management or your country’s labor department for assistance.

Remember that salary issues can sometimes be caused by administrative delays or other factors beyond your employer’s control. Approach the situation with patience and a willingness to resolve the matter in a constructive manner.

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Frequently asked Questions on Salary Delay Complaint and Penalties