The UAE Labor Law clarifies when an employee can sue his employer for a salary increase

rawda samy - | UAE

The United Arab Emirates Labor Law clarifies an employee's ability to sue his company for a salary increase.

The Labor Law clarifies when an employee can sue his employer for a salary increase in the UAE.

Is it possible for an employee in the United Arab Emirates to file a lawsuit against their company for not providing a wage boost, despite the fact that their new coworkers are receiving better pay?

One of the readers, who has been employed by a company for more than ten years, is interested in learning what the legislation of the country says about prospects for advancement.

I have worked for this company for more than ten years. In addition, my designation and grade have not changed, and I continue to receive the same amount of money as I did when I first started working here. There are coworkers who joined the company after I did, and they make a lot more money than I do for doing the same work. Is there any provision in the law of the United Arab Emirates covering wage increases and possibilities for advancement within the organization?

We presume, in response to your inquiries, that you currently work for a company located on the mainland of the United Arab Emirates. In addition, it is presumed that your employer demonstrates discriminatory behavior in relation to the increments in your income and promotions. People who work for the government must follow the rules set out in Federal Decree Law No. 33 of 2021 and Cabinet Resolution No. 1 of 2022, which are both about putting Federal Decree Law No. 33 of 2021 into action. In 2021, we passed both of these pieces of legislation.

The UAE Labor Law clarifies when salaries increase.

The UAE Labor Law clearly states when salary increases are due.

The Ministry of Human Resources and Emiratization (MoHRE) registers the terms of the employment contract, which specifies a salary for an employee in the United Arab Emirates. This is in compliance with the law, as stated in Article 8 of the Employment Law and Article 10 of Cabinet Resolution No. 1 of 2022.

The UAE Labor Law specifies the rights of employees, both citizens and expatriates.

The United Arab Emirates Labor Law outlines the rights of workers, including both citizens and foreign nationals.

Furthermore, even when employees perform the same type of labor, a company cannot engage in discriminatory practices regarding salary payment. Article 4(1) and (4) of the Employment Law, which pertains to Equality and Non-Discrimination, contain the following provisions: "1. It shall be prohibited to discriminate against persons on the grounds of race, color, sex, religion, national origin, ethnic origin, or disability, in such a way as to weaken equal opportunities or impair equal access to, continuation of, or enjoyment of rights associated with employment." This is in accordance with the aforementioned provisions. An employer cannot discriminate against employees when it comes to labor that involves the same job duties.

In the event that women perform the same work as men or work of equivalent value, they are entitled to obtain the same wage. The Cabinet will create procedures and standards for evaluating work of comparable value in response to a proposal from the Minister.

Furthermore, any employer that has fifty or more employees would be required to have their own set of rules and regulations concerning promotions, prizes, instructions, punishments, and processes for terminating employment.

This is in accordance with Article 14(1) and (4) of Cabinet Resolution No. 1 of 2022, which states, “Subject to the provisions of Article 13 of the Decree-Law, establishments that employ 50 or more employees shall set rules regarding the organization of work, such as the regulation of work instructions, penalties, promotions, and rewards, and the procedures for terminating the employment relationship, subject to the following:

The establishment of the rules must not conflict with the Decree-Law, this Resolution's provisions, or the Legal Regulations.

The regulation of promotions and rewards should include the criteria and rules associated with them.

On the basis of the aforementioned legal provisions, it is possible to observe that the Employment Law and the subsequent ministerial resolutions do not contain any provisions regarding the provision of wage increases to an employee by an employer. Therefore, if you believe your employer is discriminating against you in terms of compensation increments, you have the right to approach them and assert your entitlement to a promotion and salary increase. This is because you have been working for the employer for more than ten years, and your work quality warrants it. On the other hand, if your employer does not respond to you in a favorable manner on this subject, you might want to consider submitting a complaint with the Ministry of Human Resources and Employment (MoHRE) regarding discrimination by your employer. This complaint should include appropriate documented proof indicating that your company is discriminating against you.

Other options include filing a complaint against your employer with the Ministry of Human Resources and Employment (MoHRE) on the grounds of discrimination, if your employer has its own human resources policy (internal rules and regulations) and if the same policy includes rules regarding salary increments and promotions.

If your employer employs fifty or more people, then your employer should have its own HR policy. In the event that you and your employer are unable to come to an agreement that is satisfactory to both parties, you have the option of taking the matter to a court that is competent to hear the case.

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rawda samy
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