# [Suggestions] Salary Not Paid



## huzzug (Jul 16, 2012)

I recently joined an IT company in Dubai and my task is to sell the companies CBS related software to various bank & Fin. institutions. This is my first dip in sales as I have dabbled Accounts before, but thought of diversifying my career (also wanted to do it as I have on my own run some _extremely_ small part time works for some people. Now, the company has not paid me for the past 2 months and say that I would have to complete the clause on the agreement that said that for an X amount of pay, I'd have to provide XX amount of profit for the company per month. Unfortunately, since the solutions that I sell are expensive, I am in talk with some of : bank (1), a freelance'r experienced in fintech (1), and during the month I got in touch with other 4 (fintech) companies proposing the solutions, however, none of them have decided as to whether they would implement the services. I am now in a tough spot as I do not have any money and I have some expenses coming that I cannot dodge. Any advice how to approach or what legal implications can there be if my employer refuses to pay outright citing the clause.


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## The Rascal (Aug 6, 2014)

Ministry of Labour, tomorrow morning, visit them (no phone) take everything you have and explain the situation.

Good luck.


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## Stevesolar (Dec 21, 2012)

Hi,
You should have a labour contract from your employer.
This will stipulate your fixed monthly pay - and this is the minimum your company is obliged to pay you. If they don't pay this - then you put in a complaint with the MOL.
The variable part of your pay would normally be based on your sales performance and this would only normally be paid once you start getting orders.
I help some companies with their sales staff recruitment and I always advise them to pay their staff a higher salary for the first three months - because nobody is realistically going to secure a massive order on their first day of work!
All companies have a known sales cycle from enquiry to order and this needs to be factored into salary packages (by good companies!!).
Cheers
Steve


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## huzzug (Jul 16, 2012)

Thanks for the response. Well the offer letter states that for me to earn my basic salary, I'd have to earn the company XX amount of profit. Variable starts after I pass the first threshold. At this moment though, I need time as the order may fall through as they have requested for a demo.


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## Stevesolar (Dec 21, 2012)

huzzug said:


> Thanks for the response. Well the offer letter states that for me to earn my basic salary, I'd have to earn the company XX amount of profit. Variable starts after I pass the first threshold. At this moment though, I need time as the order may fall through as they have requested for a demo.


I think you will find that this is against the law!
The basic salary is a minimum legal requirement to be paid monthly.


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## huzzug (Jul 16, 2012)

Oh okay. I was asking because the contract states that I need to provide a min of profit to keep my salary. I'll try talking to him tomorrow and see how that goes.


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## rsinner (Feb 3, 2009)

huzzug said:


> Well the offer letter states that for me to earn my basic salary, I'd have to earn the company XX amount of profit.


DO you have a visa from the company yet? Do you have the "official" Arabic/ English contract? In case of a dispute that is the official version for the amounts.


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## huzzug (Jul 16, 2012)

Yes I do, and it is in the same contract that the terms are mentioned.


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## BedouGirl (Sep 15, 2011)

Stevesolar said:


> I think you will find that this is against the law! The basic salary is a minimum legal requirement to be paid monthly.


Steve, if that's the case, how is it that estate agents work on commission only?


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## huzzug (Jul 16, 2012)

Now what do I do. I tried to get online with MOL via email, but they seem to not respond. I just wanted to know if there is some recourse I can take with this arrangement as this clause in the agreement has put me in a hard spot.


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## BedouGirl (Sep 15, 2011)

huzzug said:


> Now what do I do. I tried to get online with MOL via email, but they seem to not respond. I just wanted to know if there is some recourse I can take with this arrangement as this clause in the agreement has put me in a hard spot.


 Go and see them with your Arabic contract tomorrow.


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## Stevesolar (Dec 21, 2012)

BedouGirl said:


> Steve, if that's the case, how is it that estate agents work on commission only?


OK - valid point - key here is what the OPs contract states for his minimum basic salary.
If it states a basic amount - then he should at least get that.
I am not sure that many new estate agents even get to see a contract!!


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## BedouGirl (Sep 15, 2011)

Stevesolar said:


> OK - valid point - key here is what the OPs contract states for his minimum basic salary. If it states a basic amount - then he should at least get that. I am not sure that many new estate agents even get to see a contract!!


That's also a good point! I wonder how many realtors do ever see their contracts?


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## huzzug (Jul 16, 2012)

BedouGirl said:


> Go and see them with your Arabic contract tomorrow.


I have the English one but not the Arabic one. I didn't even sign an Arabic contract


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## BedouGirl (Sep 15, 2011)

huzzug said:


> I have the English one but not the Arabic one. I didn't even sign an Arabic contract


Do you have your Labor card? I'm guessing you don't have your passport. If you have the L/C, they can trace the details through that.


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## huzzug (Jul 16, 2012)

I have a soft copy of LC. I have my passport with me though.


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## rsinner (Feb 3, 2009)

huzzug said:


> I have a soft copy of LC. I have my passport with me though.


You can check your contract through https://eservices.mol.gov.ae/enetwasal/employeeCredential.aspx

Odds are you might have signed it, and may have mentioned a basic pay without you realising it. You can contact the MOL to enforce a basic pay if your "official" contract mentions it. Needless to say, most likely you will have to start looking for a new job soon after.

However, irrespective of what this contract says, the employer is only following what you agreed upon. Depending on how reasonable they are, my suggestion will be to approach them and request for an advance on the future salaries or to re-negotiate the contract. Noone can be expected to survive in UAE based on zero salary.


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## The Rascal (Aug 6, 2014)

rsinner said:


> No-one can be expected to survive in UAE based on zero salary.


I do....


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## huzzug (Jul 16, 2012)

rsinner said:


> You can check your contract through https://eservices.mol.gov.ae/enetwasal/employeeCredential.aspx
> 
> Odds are you might have signed it, and may have mentioned a basic pay without you realising it. You can contact the MOL to enforce a basic pay if your "official" contract mentions it. Needless to say, most likely you will have to start looking for a new job soon after.
> 
> However, irrespective of what this contract says, the employer is only following what you agreed upon. Depending on how reasonable they are, my suggestion will be to approach them and request for an advance on the future salaries or to re-negotiate the contract. Noone can be expected to survive in UAE based on zero salary.


I went thru the site and it says the basic salary is X. Now It also says that I'm entitled to transport & HRA allowances. Would those be included as part of basic package or are they seperate ?


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## rsinner (Feb 3, 2009)

The Rascal said:


> I do....


let me revise my statement: No-one can be expected to survive in UAE based on zero salary or zero dividends. happy


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## rsinner (Feb 3, 2009)

huzzug said:


> I went thru the site and it says the basic salary is X. Now It also says that I'm entitled to transport & HRA allowances. Would those be included as part of basic package or are they seperate ?


the contract should mention the numbers.
So you signed this contract and have no recollection of this?

What do you think will happen if you go to MOL? you will probably get your one month salary and then fired because (a) you are probably in probation, and (b) you did not meet performance targets.


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## The Rascal (Aug 6, 2014)

rsinner said:


> the contract should mention the numbers.
> So you signed this contract and have no recollection of this?
> 
> What do you think will happen if you go to MOL? you will probably get your one month salary and then fired because (a) you are probably in probation, and (b) you did not meet performance targets.


If he's not been paid at all he'll get everything that is due to him up to his termination date.


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## huzzug (Jul 16, 2012)

rsinner said:


> the contract should mention the numbers.
> So you signed this contract and have no recollection of this?
> 
> What do you think will happen if you go to MOL? you will probably get your one month salary and then fired because (a) you are probably in probation, and (b) you did not meet performance targets.


Actually yes, i do remember. But I wanted to ask what would I be entitled for the 2 month. Is it just the basic or do the allowances get counted as well ?


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## The Rascal (Aug 6, 2014)

What part of "Get all your stuff together and take it to the Ministry of Labour" do you not get?

You can procrastinate as much as you like, they, and only they, can sort it. So instead of being a keyboard warrior go get it done.


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## huzzug (Jul 16, 2012)

Thanks. Will do


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