The Guarantees for Protecting The Remuneration and The Procurement Thereof UAE LABOR LAW
The remuneration shall embrace all of the financial and in-kind parts offered by the employer to the employee in alternate for the time and effort offered by the employee. The U.A.E Labor Legislation has offered ensures to guard the employee’s wage and to acquire it in full as stipulated by legislation as follows:
First: Defending The Remuneration from The Deduction:
In accordance with Article No. (60) of the Labor Legislation, any quantities of cash might not be deducted from the worker’s remuneration to get well rights, besides within the following instances:
A. Compensation of advances or quantities of cash paid to the worker in extra of his entitlement, offered that deduction on this case might not exceed 10% of the worker’s periodic pay.
B. Installments that are payable by legislation by the staff from their remuneration, reminiscent of social safety and insurance coverage schemes.
C. Subscriptions of the staff within the saving fund or advances due for fee to the fund.
D. Installments in respect of any social scheme or different privileges or companies offered by the employer and permitted by the Labor Division.
E. Fines imposed upon the worker as a result of offenses dedicated by him/her
F. Any money owed payable in execution of court docket judgment offered that no more than 1 / 4 of the worker’s pay shall be deducted. Within the occasion of quite a few money owed or collectors, half of the remuneration on the most could also be deducted and the sums of cash connected shall be divided professional rata amongst beneficiaries after fee of any authorized alimony amounting to 1 quarter of the remuneration.
The final clause (F) displays the safety granted for the worker from his collectors, who might request the seizure of remuneration to satisfy their rights, as a result of that the remuneration is the supply of residing of the employee and his household. The legislation has decided the seizure share for the only creditor that the seizure share shall not exceed the quarter and within the occasion of the variety of the collectors the seizure share shall not exceed the half of the remuneration. And if alimony is amongst these money owed, then quarter is assigned and the remaining quarter of seized half assigned to pay different collectors professional rata, i.e. worker charges are 8000 AED and half of this quantity seized for the good thing about the collectors, then quarter (2000 AED) to pay alimony and remaining 2000 AED paid for collectors professional rata.
With a view to estimate the proportion of the remuneration of the worker which can be deducted, first; the proportion must be calculated of the aforementioned deductions as states within the clause (A – C) of Article No. (60) of the stated Labor Legislation, and the rest shall be deducted of the proportion talked about in clause (H) of the identical Article- If the remuneration of the employee is ten thousand Dirhams, and the overall quantity deducted from loans, subscriptions, installments and fines is AED 1,000, the quantity deducted from it for the applying of merchandise (H) which talked about above is 9 thousand Dirhams.
Second: Estimating The Deduction In Case The Worker Causes Damages, Loss or Destructions;
In Accordance with Article No. (61) of the Labor Legislation which states that “If the worker has triggered the loss, harm or destruction to any instruments, machines, tools or merchandise owned by or saved in custody of the employer, to the extent that involvement of the worker was as a result of his fault or violation of the employer’s directions, then the employer has the choice to chop from the worker’s pay the quantity required for rectifying error or restoring the merchandise to its authentic situation, offered that the quantity to be deducted shall not exceed 5 day pay every month. The employer can apply to the competent court docket by the involved Labor Division for authorizing him to deduct greater than this quantity if the worker is financially sound or has one other supply of cash”.
Third: The Privilege Proper to Get hold of The Remuneration:
As states in Article No. (four) of the labor Legislation states that “All quantities payable to the worker or his beneficiaries beneath this Legislation shall have lien on all of the employer’s movable and immovable properties. And fee thereof shall be made instantly after fee of any authorized bills, sums as a result of public treasury and Sharia alimony awarded to spouse and youngsters”.
Within the aforementioned article the legislator went exterior the final guidelines established for the final privilege rights which said within the textual content of Article 1515 of the Civil Transactions Legislation in two issues to guard the employee’s proper and guarantee entry to it:
The Labor Legislation grants the worker the fitting of privilege over all of the employer’s cash, whatever the quantity or interval through which the quantity is due, in the meantime the final guidelines limit the privilege to the extent as a lot as it’s entitled of the final privilege rights within the final six months.
The labor legislation has most well-liked the privilege of the worker over the privilege states within the legislation for the due quantities provided to the debtor and to those that dependents for meals, clothes and medication. Primarily the privilege rights are fulfilled by the proportion of every, whereas the labor legislation grants the employee the fitting to precede the privilege of the suppliers of meals, clothes and medication.
Fourth: Estimating the Deductions in Case of Imposing a Fantastic Penalty
As states in Article 104 of the Labor Legislation “A wonderful could also be a sure sum of money or an quantity equal to the remuneration of the worker for a sure time frame. A wonderful in respect of a single offence might not exceed remuneration payable for 5 days. It isn’t permissible to deduct inside one month an quantity equal to greater than 5 days pay from the worker’s remuneration in settlement of fines imposed upon him”
Fifth: Proving The Eligibility of The Remuneration
As states in Article No. 58 of the stated legislation; “Settlement of the remuneration payable to staff regardless of its quantity or nature shall be evidenced solely in writing, by declaration or oath. Any settlement on the contrary shall be null and void even when made earlier than the efficient date of this Legislation”.
It’s thought-about a safety for the employee because the employee is the weak social gathering within the labor relationship, the legislator on this Article has went exterior the final guidelines of the proof, the place it requires the employee to show his eligibility to his remuneration by writing or its various, declaration or oath or regardless of the worth of the remuneration, even when the worth of the remuneration is lower than 5 thousand Dirhams. Nevertheless, the final guidelines for the proof requires the testimony of witnesses or proof if the quantity of debt is lower than 5 thousand Dirhams. Accordingly, till the employer is discharged of the remuneration debt, he should present written proof or declaration or oath of his fulfilment to the employee.
“it’s not permissible to say worker fee prior an official receipt or acknowledgement, or taking the oath or refusing to the identical, i.e., the receipt issued by enterprise proprietor concerning worker fee will not be sufficient to show the total charges fee.
Sixth: It isn’t Permissible to Power A Employee To Purchase From A Sure Retailer or The Merchandise of The Employer:
For the Safety of the employee from the opportunity of forcing him to obtain his wages in sort as a substitute of money, and it will possibly occur by the fee of money after which require/pressure the employee to purchase merchandise of the employer or his shops at costs managed by the employer, Article 59 of the Labor legislation states the next “No employee shall be obliged to purchase meals or different commodities from particular outlets or merchandise manufactured by the employer”
If the employer is allowed to obligate the employee to purchase from a sure place, he’ll impose the remuneration he desires and it might be decrease than the minimal remuneration. That shall be achieved by giving the employee his remuneration in money after which the employee is required/pressured to purchase from the employer`s store or his merchandise at greater costs than the opposite shops. By this technique the employer will get well a part of the remuneration paid to the employee.
In gentle of the aforementioned it reveals to us that the legislator has granted the safety for the employee with regard to acquiring his remuneration, the place the legislator has codified all of the provisions to guard the employee`s rights to acquire his remuneration and stopping his remuneration to be deducted beneath any circumstances in a approach that impacts his residing or his household, that exhibits the human sense and the social dedication that’s thought-about by the U.A.E legislation, which by no means thought-about the work relationship as a purely financial relationship.