Labour dues should be claimed in one year

 

Labour dues should be claimed in one year

I have been working in a company here for over two years and my contract is limited. My employer has not given my salary since the last month. What should be done? Please advise.

By Nasser Ahmed Al Osaiba (Compiled by Ahmed Shaaban)

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Published: Mon 23 Jul 2012, 9:31 AM

Last updated: Tue 7 Apr 2015, 12:39 PM

According to Article 6 of the federal labour law, the right of claiming labour dues ends in one year. Hence, you have to claim this right before one year from the date your salary is due. Hence, before the elapse of 12 months you have to approach the labour office and claim your salary.


I work in a private hospital in Sharjah. My monthly salary is Dh10,000. I have been divorced four years back. I have two young daughters — six and five years. I want to keep them here with me. I also want to sponsor my mother here to live with me. What are the legal requirements for this process?

According to Article 65 B/1 of the federal law Number 6 for the year 1973 Concerning Immigration and Residency, if the purpose of the residency is to join the guardian, then, a signed application by the sponsor should be submitted to the residency administration with a health certificate for those who are above 17 years old and the passport of the sponsor.


As per the UAE Labour Law, is it compulsory for a company to get staff insurance for personal accident and medical purpose? If a company has spent an amount on medical and personal insurance, can it deduct the amount of premium from the salary of the employee?

Staff health insurance is not mandatory. However, if a company spent any amount on its staff, it does not have the right to deduct any amount from their salaries without their consent.


My brother-in-law is holding a free zone visa, which will expire soon. He is currently in India and has undergone a surgery for knee replacement due to which he cannot travel back to Dubai before the expiry date. Is there a way where medical papers can be submitted to the immigration authorities to allow him to enter Dubai later?

One of the main conditions for renewing the visa is the presence in the country. Hence, if your brother-in-law is not able to come before the expiry of the visa then he can apply for a new visa and submit the old one with the medical reports that proves that he was prevented from entering the country due to his medical condition.


I finished my three-year contract. I told my employer I wanted to resign. My contract is limited. My employer claimed I am not entitled to end of service benefits. It is right? What are my entitlements? Whom should I talk to?

Since you have spent more than a year with your employer, according to Article 132 of the federal labour law, you are eligible to 21 days’ salary for each year you have worked for the employer. In addition to the gratuity, you are eligible for a ticket to your home country or to the country that you have agreed to travel to with your employer at the beginning of your work.

Moreover, you have the right to claim any outstanding rights that you did not receive yet, provided that these rights are not due before a year. If your employer refuses to pay your dues, you should report this to the labour office in the city where you are working.


Nasser Ahmed Al Osaiba is an Emirati Partner and Lawyer at Global Advocates and Legal Consultants, legal member in the Rent Dispute Committee, Umm Al Quwain, with Master Degree in commercial law, Melbourne University, Australia. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, Dubai, 
P.O. Box 11243.


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