Questioner from Dubai asks: I have been working in a company for more than two years. Two months ago, the owner sold the company and he had not paid my salary for two months as well as my last year’s leave salary plus my commission. I am currently working with the new owner and have been seeking my pending unpaid salaries and commission. My question here is; who is liable for my pending salaries and other rights as well as end-of-service gratuity, the previous employer or the new employer? Both are saying that they are not responsible for my rights. I am planning to submit my resignation because I’m not satisfied with the new employer and I’m not getting my salary on time. Please advise.
Answer 1: I would like to mention that as per article 126 of Federal Labour Law no. 8 of 1980 which states: “Where a change occurs in the form or legal status of establishment, contracts of employment that are valid at the time of the change shall remain in force between the new employer and the workers of the establishment, and their service shall be deemed to be continuous and both the original employer and the new employer shall be jointly liable for a period of six months for the discharge of any obligations resulting from contracts of employment during the period preceding the change; after the expiry of this period the new employer shall solely bear liability”.
Threat of ban
Question 2: Questioner from Dubai asks: I have been working in a company for one year as an engineer with a salary of Dh10,000 and after one year as per my company my salary will be Dh13,000. My problem with this company is the irregularity in payment of salaries — sometimes I do not get salary for two months, which caused me problems regarding payments for my apartment rent, school fees as well as family expenses. Now for more than two months I had not received my salary. I told the company to give my pending salary, otherwise I will file a complaint before the Ministry of Labour. But my manager told me that if I file a complaint in this regard, he would terminate my service as well as impose a ban on me. My question is; what is my legal status in this case if I file complaint before the ministry in this regard? How could I lift the ban as I have not completed two years of service and I need to transfer the sponsorship to work in another company in case my company terminated my service? Please advise me to resolve the problem.
Answer 2: I would like to advise the questioner that in the event of failure to reach an amicable solution with the company with regard to overdue salaries, the questioner shall file a complaint with the Ministry of Labour in this regard to ask for his right and in case the company terminated the questioner from work and get a six months ban as per the Ministry of Labour rules the questioner can lift the ban by finding a new job with a salary of Dh12,000 because the questioner is holding a degree.
Readers’ questions are answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants
