Question: Can I file a case against my employer for not paying my two-month salary during our court dispute? Are they liable to pay me while the case is ongoing?
Answer: If your claim against your employer exceeds Dh50,000, UAE employment law applies. Under Article 22 of the Federal Decree Law No. 33 of 2021, employers must pay salaries on due dates as per the employment contract and Ministry of Human Resources and Emiratisation (MoHRE) regulations. If a dispute arises, MoHRE may first seek an amicable resolution. If this fails, the case can be referred to the competent court, as stipulated in Article 1(4) of Federal Decree Law No. 20 of 2023.
Importantly, if your salary is withheld during this process, MoHRE can mandate your employer to pay up to two months' salary while the dispute is ongoing, per Article 1(5) of the amendment. Therefore, even with an ongoing court case, you are entitled to receive your salary. If the situation remains unresolved, you can also claim the unpaid salary for the past two months, ensuring your rights are protected throughout the dispute resolution process.
News Source: Khaleej Times
