Dubai: Can your company withhold your ATM card and only pay your salary in cash? A Gulf News reader wrote in asking what his rights were in the dispute he and his colleagues were having with a company.
He said: “I am a former employee of a company in Dubai. I just want help regarding the situation I and other employees are facing, because until now the company is holding our passports, and they also don't want to give our pending salary or overtime pay. They regularly deduct our salaries and even took our ATM cards – they withdraw our salary and only hand over the salary in cash. They didn't fulfil all the clauses of our employment contract, which is why we filed a case in the Labour Court. Now, we are waiting to receive our claims from the employer, but they don't want to give them. I need to get my passport from them, as it has already expired and I need to renew it. My visa will also expire soon. Please help.”
Gulf News raised the query with Jihene Arfaoui, in-house legal adviser at Danube Group, who spoke about the rights of the employee in such a situation.
“Regarding the court case, if the reader has obtained a labour judgement, if after 30 days there is no appeal from the employer’s end within 30 days of the judgement, he can extract the executory judgement from the court and open an execution case against the employer, and submit executive requests such as seizing the trade licence and bank accounts. Also, as per the UAE Labour Law, the employer does not have the right to seize the employee’s passport, so he or she can file an ‘order on petition’ in the Labour Court. The said court issues an urgent decision to hand over the passport to the employee. If the employer continues to refuse to hand over the passport, the worker can seek the assistance of the police to implement the court’s decision and receive the passport. The reader would need to visit the police station of the area where he or she was working. As for the employer withholding the employee’s debit or credit card, the employer does not have the right to withhold it to prevent him from receiving his salary. The employee can file a complaint with the Public Prosecution for the crime of theft and deceit based on the articles of the ‘Crimes against property’ chapter in UAE Penal Code, and provide the Public Prosecution with clear evidence of that, including the testimony of any witnesses.
The employer does not have the right to seize the employee’s passport, so he or she can file an ‘order on petition’ in the Labour Court. The said court issues an urgent decision to hand over the passport to the employee.
How to file an executory judgement?
After a judgement is issued, there is a 30-day period, within which an appeal can be filed by a party. If the employee wishes to file an executory judgement, they would need to wait for 30 days for this appeal period to pass, according to Arfaoui.
“If there is no appeal against the judgement, they can submit an executory order either through a lawyer, or online through the court system or through Al Adheed centres in Dubai,” Arfoui said.
Al Adheed centres are authorised by Dubai Courts to provide specific judicial services, like registering a labour or personal status case, getting legal translations or applying for notary services.
Applying a case with the public prosecution
While applying for a case with the public prosecution, it is advisable to seek legal counsel. However, you can also speak to the public prosecution directly for guidance.
UAE Public Prosecution
Hotline: 800 99999
Abu Dhabi Judicial Department
Hotline: 02 651 2222, 600 599 799
Dubai Public Prosecution
Tel: 04 334 6666
