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Sunday, October 11, 2009

I don't get my salary

Sponsorship can be changed over non-payment

A reader from Dubai asks: I have been working in a company for one year. My problem with the company is the irregularity of payment of salaries which, according to the owner of the company, is due to a cash crunch. This has caused me problems regarding my financial issues for the payment of the rent of the apartment as well as family expenses. For more than two months I did not receive my salary. I asked the company to give me my salary immediately otherwise I will be compelled to file a complaint before the Ministry of Labour, but the management told me that if I file a complaint in this regard, he would terminate my services as well as impose a ban on me. My question here is what is my legal status in this case if I file a complaint before the ministry? How could I get the ban lifted as I have not completed three years of service and I need to transfer the sponsorship to work in another company? Please advise me how to resolve the problem.

I would like to advise the questioner that in the event of failure to reach an amicable solution with the employer with regard to the overdue salaries, the questioner shall file a complaint before the Ministry of Labour and with a special request to the Undersecretary of the Ministry of Labour to allow him to transfer the sponsorship due to non-payment of salary for more than two months. In return, the ministry will verify such matter and if they find that the questioner has not received his salary for more than two months, it might allow transfer of sponsorship without the consent of the sponsor.

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