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UAE: Not receiving a salary increment despite being promised one earlier? Here's what you can do

A KT reader asks if they will get what was assured if they take legal action

Question: I joined a private company as an accountant around four years ago. At the time of joining, the company assured me that they would increase my salary and promote me after two years. But this didn’t materialise despite my regular reminders. What options do I have? Will I get what I was promised if I take the legal course? Please guide.

Answer: Pursuant to your queries, it is assumed that you are employed by a private company in the mainland of UAE, therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations and Cabinet Resolution No. 1 of 2022 on the implementation of Federal Decree Law No. 33 of 2021 regarding the Regulation of Employment Relations are applicable.

An employer in the UAE needs to fulfil all the obligations mentioned in the employment contract of an employee, the Employment Law and its subsequent ministerial resolutions. 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 salary 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."

Moreover, an employer and employee may agree to include additional clauses in the employment contract which are in accordance with the Employment Law, Cabinet Resolution No. 1 of 2022 and subsequent ministerial resolutions. This is in accordance with Article 10 (2) of the Cabinet Resolution No. 1 of 2022, which states, “Subject to the provisions of Article 8 of the Decree Law, an employee and an employer may agree to introduce new clauses to the approved contract forms, provided that they are in agreement with the provisions of the Decree-Law, this Resolution and the Legal Regulations".

Based on the aforementioned provisions of law, the Employment Law and the Cabinet Resolution No.1 of 2022 are silent on salary increments to be granted to the employees during the period of employment. Therefore, any assurances related to future salary increments of an employee may not be part of your employment contract. However, if your employment contract mentions an increment of your salary upon completion of two years of service with the employer, then you are eligible for the same. Therefore, in such a scenario if your employer currently does not pay you incremental salary, then you may file an employment complaint with the Ministry of Human Resources & Emiratisation (MoHRE) and thereafter if the matter is not amicably settled at MoHRE, you may consider approaching the court in the UAE which has jurisdiction to hear employment matters.

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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