Dubai: Should employees pay for fuel, Salik when travelling for work?

Question: I am constantly on the road as part of my job. However, I pay for the fuel and Salik fees out of my pocket. Shouldn't the company be bearing this cost? What are my rights in this regard?

Answer: In this case, it is assumed that you are employed by a mainland company in Dubai, therefore, the provisions of the UAE employment law and the subsequent cabinet resolution are applicable

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It should be noted that an employee, at the time of joining and before signing an employment contract should check the contents of the employment contract, particularly with regards to salary and the allowances which are offered to him or her.

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This is in accordance with Article 8 (2) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, which states "The employee, or his representative, may prove the employment contract, the salary and any other rights he is entitled to under the provisions of this Decree-Law and its Executive Regulations and implementing resolutions by any means of proof."

Further, the aforesaid provision of law has been further clarified and elaborated in Article 10(1) of the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relations.

The law states: "Subject to the provisions of Article 8 of the Employment Law, the employment contract shall basically contain the name and address of the Employer, the name, nationality and date of birth of the employee, anything needed to prove his identity, his qualification, position or occupation, date of joining, place of work, working hours, days of rest, probationary period, if any, the duration of the contract, the agreed salary including benefits and allowances, the period of annual leave entitlement, the notice period, the procedures for termination of Employment Contract and any other details decided by the Ministry, as is required to regulate the relationship between the parties."

Based on the aforementioned provisions of law, if your employment contract does not specify the provision of your employer providing car fuel and Salik under other allowances, you may not be entitled to claim the same. However, in the UAE, the employment contract generally includes a travel allowance, this may include the car fuel and salik. If the same is not be explicitly included, it is advisable that you may discuss the matter with your employer and may decide mutually.

Applicable laws:

1. Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations

2. Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relations

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom 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.