Employees entitled to salary even if firm hasn't started operation

Dubai - Know your legal rights in the UAE

I left my previous company and found a new job at a restaurant, with which I signed an employment contract on August 3 this year. My residence visa has now been stamped and I have also received my resident ID. However, the employer is yet to open the restaurant, even though he promised it would commence from August 15. It has now been four months and my salary has not been paid. Shouldn't the employer pay me the salary?
Pursuant to your query, your employment commenced from the date you signed your employment contract and the same has been approved by Ministry of Human Resources & Emiratisation. Based on this, you are entitled to the salaries thereon and it is the responsibility of the employer to pay you on time. Your employer cannot evade paying salaries by citing the reason of non-commencement of the operations of the restaurant. Further, Article 121(a) of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the 'Employment Law'), states, "An employee may leave his work without notice if the employer fail to comply with his obligations towards him, as provided for in the contract or in this law."
Therefore, based on the aforementioned provision of law, you can leave your employment without serving notice and file a complaint with the ministry immediately as your employer has breached the employment contract and further claim all outstanding amounts due from the employer.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, ?PO Box 11243, Dubai.