What should I do if my salary is delayed or unpaid

What should I do if my salary is delayed or unpaid?

Delayed or unpaid salaries can create significant stress for employees, particularly those working far from home or relying on consistent income to meet daily expenses and family obligations. In the UAE, the labour market is governed by laws designed to protect employees’ rights, including timely payment of wages. Despite these protections, salary delays still occur, and knowing how to respond legally and effectively is essential for all workers.

If you are currently facing a situation where your employer has not paid your salary on time, it is important to act strategically and within the framework of UAE labour law. This guide explains the steps you should take, the rights you hold as an employee, and the legal mechanisms available to address salary disputes, all within the context of UAE regulations.

Understanding Your Rights Under UAE Labour Law

The UAE Labour Law, which governs employment relationships, mandates that employers pay employees on time and without unnecessary delay. The law applies to both local and expatriate employees across various sectors. In general, wages must be paid at least once a month or on a regular basis agreed upon in the employment contract.

In 2009, the UAE introduced the Wage Protection System (WPS), an electronic salary transfer system that ensures timely and transparent payment of wages through authorized financial institutions. Employers registered under the Ministry of Human Resources and Emiratisation (MOHRE) are required to use this system to pay their employees.

When an employer fails to comply with this obligation, employees have the legal right to raise a complaint, and there are several stages through which these issues can be resolved, beginning with internal communication and potentially escalating to the labour court.

First Step: Communicate with Your Employer

The first and most direct approach is to communicate with your employer or the human resources department. In some cases, salary delays may be due to administrative errors or temporary cash flow issues. It is advisable to document all correspondence, including emails and messages, related to your salary inquiry.

Keeping a clear and professional tone in your communication helps demonstrate that you have taken reasonable steps to resolve the matter internally. If the delay continues beyond a reasonable time frame—usually seven to fifteen days—you may consider escalating the matter.

Second Step: File a Complaint with MOHRE

If internal communication does not lead to resolution, you have the legal right to file a complaint with the Ministry of Human Resources and Emiratisation. This can be done online, via the MOHRE call center, or by visiting a service center in person.

The complaint should include all relevant information, such as your employment contract, the amount of salary owed, the duration of the delay, and any attempts you have made to resolve the issue. The MOHRE will typically contact the employer to mediate the situation and may request documentation from both parties.

MOHRE aims to resolve disputes amicably and quickly. In many cases, the employer will comply once the matter is formally addressed. However, if the employer fails to respond or refuses to settle the dispute, the case may be referred to the Labour Court.

Third Step: Legal Action Through Labour Court

If the complaint remains unresolved after MOHRE intervention, the case will be escalated to the Labour Court. This marks the beginning of formal legal proceedings. At this stage, it becomes increasingly important to understand your legal rights and obligations under UAE law.

Employees are not required to pay court fees when filing salary claims. The court will review the evidence provided by both parties and may summon witnesses or request financial statements from the employer. If the court rules in favor of the employee, the employer may be ordered to pay the outstanding salary along with any additional compensation or fines.

While you can represent yourself during these proceedings, seeking the guidance of professionals such as labour lawyers in Dubai can be highly beneficial. They can help ensure your case is presented effectively and that all procedural requirements are met.

Penalties for Employers Who Delay Salary

The UAE government has implemented strict penalties for employers who delay or fail to pay salaries. These include warnings, fines, suspension of new work permits, and in severe cases, legal action or business closure. Employers who repeatedly violate wage laws may face serious consequences, including blacklisting and criminal charges.

The severity of the penalty depends on several factors, including the number of employees affected, the length of the delay, and whether the employer has a history of non-compliance. In situations where multiple employees are affected, the MOHRE may conduct inspections or audits to verify the extent of the issue.

The Role of Evidence in Wage Disputes

If you intend to pursue legal action, collecting evidence is essential. Important documentation includes your signed employment contract, bank statements, salary slips, WPS records, and written communication with your employer.

Screenshots, emails, text messages, and any other proof of your attempts to contact the employer should be organized and presented clearly. Consistent documentation not only strengthens your case but also demonstrates your effort to resolve the matter amicably before seeking legal action.

Challenges Employees May Face

While the UAE legal system provides mechanisms for salary recovery, some employees may still face challenges. These include language barriers, lack of legal awareness, and fear of retaliation such as visa cancellation or termination. It’s important to understand that retaliation for filing a salary complaint is illegal, and employees are protected under the law.

In some cases, employees may be pressured into resigning or signing settlement agreements that are not in their best interest. Before taking any such action, it is advisable to seek professional advice to fully understand the consequences.

When to Consult Labour Lawyers

While not all salary disputes require legal representation, there are situations where consulting with labour lawyers in Dubai is advisable. These include complex cases involving large sums, long-term salary delays, or situations where the employer is uncooperative or facing insolvency.

Lawyers can assess the strength of your case, guide you through legal procedures, draft necessary documents, and represent you in court if needed. Their expertise ensures that your rights are protected and increases the likelihood of a favorable outcome.

Recent Legal Reforms Supporting Employees

The UAE continues to revise its labour laws to create a balanced and fair working environment. Recent reforms include more transparent contract terms, better protection for temporary and part-time workers, and streamlined dispute resolution procedures. These changes are designed to improve compliance and provide quicker relief to employees facing labour issues.

For employees, this means a stronger legal framework and faster access to justice. It also signals the government’s commitment to supporting a fair and respectful employment environment across all sectors.

Conclusion

Delayed or unpaid salaries can be distressing, but employees in the UAE are not without recourse. UAE labour law, enforced through the MOHRE and the Labour Court system, provides clear protections and procedures to help employees recover what they are rightfully owed.

If your salary is delayed, start by documenting everything and communicating directly with your employer. If that fails, escalate the matter to MOHRE and be prepared to follow through with legal action if necessary. Understanding your rights, gathering evidence, and taking action within the legal framework will significantly improve your chances of resolving the issue.

While many cases can be resolved through government channels, some may require legal expertise. In such instances, working with experienced professionals such as labour lawyers in Dubai can offer peace of mind and ensure that your interests are well represented. No employee should feel helpless when facing salary delays—the law is on your side, and solutions are available.