This long tale of woe should be reported to Labour Ministry

Our consumer expert Keren Bobker helps a Ras Al Khaimah employee trapped in an unsafe working environment with an employer who does not pay salaries on time.

I have been employed in a company located in a Ras Al Khaimah free zone since November. I have never been asked to sign a contract and my salary is always delayed. Overtime is not paid as extra and the work environment is unsafe. It was agreed that food would be free but we only have a small allowance, no recreation facilities and have no way of leaving the accommodation. This is the same for many people. When I raised these issues with my manager I was told I could leave at any time but only if I pay all their recruitment expenses including my plane ticket from my country to here, visa processing, medical, et cetera. I need to go home as I have an opportunity waiting and my family is suffering over the salary delays. Will you please advise me how to go home? I don't have money to pay. BA Ras Al Khaimah

This employer is breaking many of the provisions of the UAE Labour Law. An employee should always sign a contract setting out agreed terms. Overtime is payable to employees, excluding supervisory or managerial staff, who work in excess of eight hours per day as stated in Article 67 of the federal Labour Law, although the maximum total hours of work must not exceed 10 in one day. The Wages Protection System is supposed to stop people being paid late and the law actually states that salaries must be paid monthly (Article 56). The law also makes it clear that companies are responsible for the safety of their employees in the workplace. An employer is liable for all the costs associated with taking on an employee and they cannot ask an employee to cover these costs. The only exception is where an employee has agreed a fixed-term contract and wishes to resign before the end of the contract and in most cases the penalty is equivalent to 45 days pay. In this case BA may be able to invoke Article 121, which states, “the employee may leave the service without notice in the following cases: a. If the employer does not fulfil his obligations towards the employee as provided for in the contract or in this Law”. It seems to me that with the late payment of salary, lack of contract, change of terms, breaking of the labour law and potential risks a complaint should be made to the Ministry of Labour. Its telephone number is 800 665.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai. Contact her at [e-mail]

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