UAEssentials | Ask The Law
Salary increment
- Published: 17:08 February 10, 2012
- SUBJECT
- Employment
I’m working in a company in Dubai and almost completing three years on a Limited Contract. After a year of employment, I got an increment in my salary and such increment happened for a year. Early last year the company withheld a percentage of my salary promising that it will be given to me every six months, but there was no official letter to that effect. To date I have not received the portion amount. I would like to know if I have the right to ask for that withheld amount. My contract will expire in March 2012. Do I have the right to ask for it? What legal steps can I take to get the withheld amount. Secondly, can I ask my company to pay for unused annual leave? Is annual leave calculated as per basic salary mentioned in the labour contract or as per the current salary? If I give my resignation after completing my contract, can the company impose a ban on me?
The questioner may claim all his rights from the company upon expiry of his contract, in particular his salary arrears which he should have claimed as of one year from the due date. Also he may claim the annual leave pay for two years maximum which shall be calculated on the basis of the last salary received, not the salary stated in the employment contract. Finally the company cannot impose a ban on him because he has completed more than two years of service.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
