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My company won't pay my overtime; please help

Employer says that overtime is calculated by basic salary, not full salary

A reader from Dubai asks: I am currently working with a company based in Dubai. My contract period is for two years and I have finished one-and-a-half years. Last month I submitted my resignation and in return I got information from my HR manager that I will be banned for 1 year. My other problem with my company is: my company is yet to pay my four-month overtime. I used to work 2 hours a day overtime. My company is saying that they will only pay my overtime as per my basic salary and not as per my full salary. My company insists that it is as per the labour law and they also checked with the labour ministry. Is there any chance for removing the ban or any changes in the ministry of labour regarding this rule? Please advise.

I would like to clarify to you that if your contract is for a limited period and you have not completed the contract period, the employer may request the Ministry of Labour to impose a one-year ban in addition to demanding that you pay compensation to the employer for such violation. Therefore, you shall try to resolve such matter with the employer amicably to avoid the ban. Finally regarding the overtime payment as per Dubai Supreme Court the overtime payment must be paid to the employee as per his full salary, and not as per the basic salary.

Readers’ questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants