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UAE: Are field employees eligible for fuel, parking allowances?

An employee needs to check the terms of an employment contract, particularly with regards to salary and allowances, before signing it

Published: Sun 29 May 2022, 11:28 AM

Updated: Sun 29 May 2022, 10:24 PM

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Question: I work in a Dubai-based firm and my job involves going to the field and interacting with clients and suppliers. If my job contract does not specify a fuel or car allowance, am I entitled to claim fuel and parking costs incurred on the field?

Response: Pursuant to your queries, it is assumed that you are employed by a private firm based in the mainland of Dubai. Therefore, the provisions of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the 'Employment Law') and those of Cabinet Resolution No. 1 of 2022 Concerning the Executive Regulations of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the 'Cabinet Resolution No. 1 of 2022) are applicable.

It should be noted that an employee needs to check the terms of an employment contract, particularly with regards to salary and allowances, before signing it. This is in accordance with Article 8 (2) of the Employment Law, which states: "The employee, or his representative, may prove the employment contract, the wage and any other rights he is entitled to under the provisions of this Decree-Law and its Executive Regulations and implementing resolutions by any means of proof."

Further, the aforesaid provision of law has been further clarified and elaborated in Article 10(1) of the Cabinet Resolution No.1 of 2022, which states: "Subject to the provisions of Article 8 of the Employment Law, the employment contract shall basically contain the name and address of the Employer, the name, nationality and date of birth of the employee, anything needed to prove his identity, his qualification, position or occupation, date of joining, place of work, working hours, days of rest, probationary period, if any, the duration of the contract, the agreed wage including benefits and allowances, the period of annual leave entitlement, the notice period, the procedures for termination of Employment Contract and any other details decided by the Ministry, as is required to regulate the relationship between the parties."

Based on the aforementioned provisions of law, if your employment contract does not specify car fuel and parking allowances under ‘other allowances’, you may request your employer to provide you with an official letter stating that you are entitled for the same if incurred during the ‘course of the employment’ (work-related matters).

In the event your employer does not pay you the same, you may file a complaint with the Ministry of Human Resources and Emiratisation (the ‘MOHRE’) against your employer. However, if the said matter is not settled amicably before the MOHRE, the same may be referred to court.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.



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