What Should I Do If My Employer Has Not Paid My Salary on Time in Dubai?

 Salary payment issues are among the most common disputes between employees and employers in Dubai. Under UAE Labor Law, employers are legally obligated to pay employees on time and in full as per the terms of their employment contract. If your employer fails to pay your salary on time, you have legal rights and a range of options to address the issue. Here’s what you need to do if your salary is delayed or unpaid:

  1. Review Your Employment Contract: First, check your employment contract to confirm the agreed payment terms. This includes the date on which your salary is due to be paid (e.g., monthly, bi-weekly), as well as any specific payment method (bank transfer, check, etc.). Knowing the exact terms of your contract will help you determine if your employer is in violation of the agreement.

  2. Attempt to Resolve the Issue Informally: If your salary has not been paid on time, the first step is to discuss the matter with your employer or HR department. There could be a valid reason for the delay, such as an administrative issue, bank processing time, or company cash flow problems. In many cases, a polite and professional conversation can resolve the matter quickly.

  3. Document All Communications: If your salary remains unpaid after the informal discussion, it is important to document all communications with your employer. Keep a record of emails, letters, or messages where you remind your employer about the outstanding salary and ask for payment. This documentation will be helpful if the situation escalates and you need to take legal action.

  4. File a Complaint with MOHRE: If your employer fails to pay your salary despite your attempts to resolve the issue directly, you can file a complaint with the UAE Ministry of Human Resources and Emiratisation (MOHRE). MOHRE handles wage disputes and can investigate your complaint. Filing a complaint is relatively simple, and you can do so online through the MOHRE website or app. MOHRE will typically mediate between you and your employer, and may issue a warning to the employer or take further action if necessary.

  5. Employer’s Legal Obligation to Pay: Under UAE Labor Law, employers are legally obligated to pay employees their wages on time. If an employer consistently fails to pay salaries or delays payments, they could face penalties. In some cases, employers may be fined, and if the issue persists, they may be banned from hiring new employees. If your employer fails to pay wages for more than 60 days, you may have grounds for filing a claim for unfair treatment or even unlawful termination, depending on the circumstances.

  6. Seek Legal Advice from Labour Lawyers in Dubai: If the situation is not resolved through communication with your employer or MOHRE mediation, you may want to seek legal advice from labour lawyers in Dubai. A lawyer can assist you in understanding your legal rights, including your right to file a case for unpaid wages or breach of contract. They can also help you draft a formal legal notice demanding payment of your salary, or represent you in court if the case needs to be taken further.

  7. File a Case with the Dubai Labor Court: If your employer continues to refuse or delay payment of your salary and mediation through MOHRE does not resolve the issue, you can file a formal case with the Dubai Labor Court. The court can issue a judgment requiring your employer to pay the overdue wages, as well as any associated compensation for delays. The court may also impose penalties on the employer for failing to adhere to UAE Labor Law.

  8. Penalty for Non-Payment of Wages: According to UAE Labor Law, if your employer fails to pay your salary on time, they may be subject to penalties. Employers who fail to pay wages for over two consecutive months can face fines, and in extreme cases, they may face criminal charges. Additionally, your employer could be prohibited from hiring new employees or renewing their trade license until they settle all outstanding wage payments. These penalties highlight the seriousness of non-payment of wages in the UAE.

  9. Wages Protection System (WPS): The UAE introduced the Wages Protection System (WPS) to ensure that employees are paid their salaries on time and in full. The WPS is an electronic system that tracks and verifies wage payments to employees. All employers in the UAE are required to pay employee salaries through the WPS, which ensures that payment is made through banks, and that the payment is documented and tracked. If your employer is registered under the WPS and fails to pay your salary, you can easily report the issue to MOHRE, which will then investigate the breach.

  10. Unpaid Salary and Termination: If your employer has not paid your salary for an extended period, you may have the right to resign or even claim constructive dismissal. If you are forced to resign due to non-payment of wages, you can seek compensation for wrongful termination. In such cases, it is advisable to consult with labour lawyers in Dubai to ensure that your rights are protected and that you receive the compensation you are entitled to.

In Conclusion:

If your employer fails to pay your salary on time in Dubai, you have clear rights and steps you can take to address the issue. Start by reviewing your contract and speaking with your employer to resolve the matter amicably. If the issue persists, you can file a complaint with MOHRE or seek legal advice from labour lawyers in Dubai. The UAE has strong protections in place for employees when it comes to salary disputes, and the legal system can help ensure that you receive the wages you are owed. If necessary, you can escalate the matter to the Dubai Labor Court, which can enforce payment and apply penalties to your employer for non-compliance

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