Overdue wages

Salary overdue for more than one year cannot be claimed

  • Published: 21:59 September 26, 2010

SUBJECT
Employment

Overdue wages
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I worked in a company for more than three years. Almost one month ago, I submitted my resignation from work upon obtaining a better job offer. I worked in this company for salary and commission. I had not received my salary for more than a year, as I used to receive my commission and they told me that I would be paid in full at the end of my limited contract, which has expired. I asked the company for my end-of-service gratuity which includes my commission, tickets, leaves arrears and overdue salary for almost 13 months. At present, the company is delaying the settlement of my rights. I turned to the Ministry of Labour where the legal researcher told me that as per the law I may not demand the company to pay the overdue salary which are from more than one year back, however the other rights may be claimed especially since the company is currently delaying the said salary. Is there an article in the labour law entitling the employer not to pay salary overdue for more than one year although the employer was delaying the payment of such salary and used to promise every time, witnessed by my colleagues, that he would pay the said salary once the company’s condition improves and, finally, he promised to settle this matter upon the expiry of the contract. Can I use my colleagues in the company to testify before the competent court for obtaining my overdue salary? Please advise and guide me so that I can get my overdue salary along with my labour rights, Thank you.

Article 6 of the Federal Labour Law No 8 of 1980, which states that no claim for any of the rights provided for in this law shall be heard if brought to court after the lapse of one year from the date of accrual. Therefore, the questioner may not claim for the overdue salary from more than one year ago. However, the questioner may claim the remaining right stated by the questioner pertaining to the end-of-service-gratuity on the basis that it becomes due as soon as the contract expires.
 

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.