“Unpaid Salaries” is a type of salaries which have not been paid and late. Sometimes these salaries are not paid because of the insufficient funds or financial situation of the company and sometimes these are not paid because of the non-professional behavior of the employers. Whatever the reason is, when Employee has to receive the salary then he is entitled to recover the Salaries. He can take the necessary legal actions and may lodge the complaint against the Employer as well.
The United Arab Emirates provide an opportunity for employees to lodge the complaint against the Employer. It is also called a Reconciliation Department where Government Representative, calls both parties for reconciliation. If the matter is resolved there then the complaint is cancelled with the consent of the complainant. If the matter could not be resolved then it is referred to Court. There is a question here that if the Unpaid Salary is a 100% genuine right where nothing needs to be explained like other disputes like Arbitrary Dismissals, Unpaid Commissions, Unpaid Profits etc, then we the affected person/employee has to go through the Court. There is a solution to this. Court awards all the expense along with Claim Amount and a percentage of Court Directed Amount as well, which is a reward indeed.
MOL or Ministry of Labour deals with the LLC Companies. A person who has been an employee of Free Zone Company has to lodge the complaint inside the Freezone Authority. There is another considerable point about a Labour Case that you need to understand that if the amount will be more than 20, 000 AED then the matter can be taken to Court of Appeal and if the amount is more than 500, 000 AED then can be taken to 3rd Court which is a High Court/Supreme Court. If the amount is more than 100, 000 AED then there will be a Court Fee applicable with the rate of 5%, which is 5% of total claim amount and maximum 30, 000 or 40, 000 AED approximately( must be checked first with Court before applying and paying).
[Read More about Employment Lawyers in Dubai – Local Lawyers]
Court Case required proper legal representation. It is only possible by an expert and professional lawyer. Supporting Documents need to be submitted in Arabic Language and with legal description. Only a good Lawyer may make it easier and bring a victory. Supporting Documents are the most essential things after a competent lawyer. Go to Part 2
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