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A reader from Abu Dhabi asks: I was employed in a construction company in Abu Dhabi for about four years and six months. On September 10, I resigned and finished my one month notice period. The reasons I left them were delay in salary and no overtime because they said I am office staff. Can you give advice on how to deal with the company? What particular case can I file against the company? I have our conversation recorded, can I use this against them?
I would like to advise the employee that he should not have submitted his resignation if he intended to lodge a complaint with the Ministry of Labour against the company for not paying salaries regularly or not paying due overtime payment. This is referred to in Article 67 of the UAE Labour Law.
The reader would be due to claim payment for the overtime worked provided that he could submit a proof for that overtime worked for the company. If the questioner fails to recover his entitlements plus the overtime payment, then he is advised to lodge an official complaint with the Ministry of Labour to claim his rights, and the complaint might be forwarded to the competent Labour Court. I also advise the reader not to resort to any voice recording without the notice of the company as the reader would be legally penalised as per Article 378 of the UAE Penal Code.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants
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