Ask the Law: Can you still claim your commission if more than a year has passed in the UAE?
In general, you cannot claim labour rights that have been pending for more than 12 months
Question: It has been more than a year and I have still not received my commission from my company. Do I have the right, according to labour laws, to claim this commission after a year has passed? The employer stated that I cannot claim this anymore. Also, how is the end of service allowance calculated for me, and do I have the right to claim annual leave allowance for a period of two years?
Answer: In general, you cannot claim any labour rights that are more than a year old, while all rights that are less than a year are due to you, including any commission which is less than a year in pending.
Your end of service rights includes the annual leave salary shall be calculated on the same method of ‘Calculating the Wages of Workers on Piecework Basis’. According to Article 23 of the Labour Law No. 33 of 2021, the daily wage of workers who receive their wages on piecework basis shall be calculated according to the average amount the worker received for the actual working days during the six months preceding the request or claim regarding any issue related to the wage.
Regarding the annual leave salary and as per Article 29 of the same law, you shall be entitled to a wage for the accrued leave days if you quit the work before using them, regardless of the leave duration, with respect to the period for which you did not obtain your leave. You shall also be entitled to receive leave wage for parts of the year in proportion to the period you spent in work.