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How to Challenge an Employer Who Withholds Commissions, Unjustly Fires You From Job?

Know Your Rights: In Case of Unpaid Commissions and Unjust Dismissal in the Workplace

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Pavitra Shetty

Published on May 31, 2024, 09:28:37

174

unpaid commissions, uae labour law, annual leave, end of service gratuity

If you have been working in a private company for years and have not received your agreed-upon commissions and annual leave allowance for half the time, you might wonder what your rights are.

According to your employer, you may not have the legal right to claim these after two years. Additionally, if you file a labour complaint, your employer might dismiss you from your job.In such a scenario, here are the rights you should claim according to labour law:

Annual Leave Allowance

Article 29 of Labour Law No. 33 of 2021: You are entitled to payment for any accrued leave days if you quit your job before using them, regardless of the leave duration. This includes leave wages for parts of the year proportionate to the period you spent working, calculated based on your basic wage.

Unpaid Salaries and Commissions

Article 54/9 of the Federal Decree Law No. (20) of 2023 Amending Certain Provisions of Federal Decree Law No. (33) of 2021: You can claim any unpaid salaries, commissions, bonuses, etc., for the last year of your service. Lawsuits regarding these rights cannot be heard after one year from the maturity date of the right subject to the lawsuit.

End-of-Service Gratuity

Article 51 of the Law: You are entitled to an end-of-service gratuity upon completing one or more years of continuous service, calculated according to your basic wage. This includes:
* The wage of twenty-one (21) days for each year of the first five years of service.
* The wage of thirty (30) days for each year thereafter.

Compensation for Arbitrary Dismissal

Article 47 of the Law: If you were dismissed because you filed a serious complaint to the Ministry or a case against the employer that was proven to be true, the termination is considered unlawful. The employer is required to pay you fair compensation, which must not exceed the wage for a period of three (3) months, calculated according to your last received wage.

Warning Period Compensation

Article 43 of the Law: If your employer did not abide by the agreed-upon warning period, they must pay you compensation called a warning allowance. This compensation is equal to your wage for the entire warning period or the remaining part of it, even if the failure to warn did not result in harm.

By understanding these rights, you can ensure that you are fairly compensated for your work and any unjust treatment you may have faced.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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