# Unpaid Salary by Dubai IT Company



## bhav (Aug 6, 2012)

*PLEASE HELP ME, I was not paid for over 3 months while I was working in Dubai with TECOM based IT company in Internet city. Now instead of paying my dues the employer is asking money from me.*

Background:
I was employed in India/Dubai for close to four months (14th May – 6th Sept 2012). I was hired as a Dubai employee with all the benefits including the salary in Dirahms. I was based in India for the initial period till the time my visa was processed. The company had arranged for my Dubai visa and the Mumbai-Dubai airfare. I am currently based out in India.

Issue:
Unfortunately, the company never paid any salary for over three+ months (June to 6th Sept). I was only paid for the initial 17 days (May2012). Thereafter for the month of June while I was in India and July, August and part of September when I was in Dubai, they did not pay me my monthly salary. I moved to Dubai on 1st July after my visa got done. Whenever I approached them, I was only given empty assurances and there was no action. Apart from the monthly salary, the company had also assured me for an advance amount for my settlement in Dubai on my arrival which was never paid to me. I ended up funding my Dubai living expenses out of my savings from back home. All in all it was a stressful experience.

Completely frustrated, I decided to officially put down my papers and move back to India. I gave the required notice to the company and completed all the formalities amicably. On their part they immediately cancelled my visa and relieved me from my services in a few days time. They also agreed to waive off my notice period even though I had offered to completely serve it. I did not want to create any problems for myself or my company so I went with the assurances given to me during my relieving. They had confirmed to settle my dues in the next couple of weeks as soon as the money is available to the company. This never happened. Even when funds were available to the company for distribution, my dues were not cleared. I have time and again, politely reached out to the company requesting them to settle my dues but there has been no action so far.


All of sudden few days back, I get an email from the company asking me to pay money to the company. I was shocked and taken aback by this email. For the last 6 months they have been playing along and suggesting that the outstanding amount that the company owes me will be settled at the earliest and then out of nowhere this email asking me to pay them instead of they paying me.

I have all the email communications, the contract letter, the service letter and also the salary slips with me which can prove that I was not paid my salary and also prove that I am not suppose to pay them.


Request:
I was hoping to get some help and guidance from you such that I can recover my dues. I want to demand what is truthfully mine. It is not only me, but there are many other employees of the company who are not paid for several months.

Please advice what should be my approach. 

Can I file a complain with the Dubai Labour Department from India? 
After filing the complain can I follow-up on the complain from India or I have to be there in person?
Should I be hiring a lawyer for representing my case?

Any help/suggestion is highly appreciated.

Thank you.


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## saraswat (Apr 28, 2012)

You mentioned that the company processed your cancellation, for that to happen, you must has signed some documents, one of those, from the ministry of labor states that you have been paid all your dues and have no pending amounts. Did you sign that ? I am guessing you did, as your visa cancellation could not have been processed without that paper (there are other ways to process cancellation, but based on what you have written those are not applicable to you)... If you did sign that paper, then unfortunately there is little recourse available to you.. that is not to say you cannot do anything, but as to whether it will be successful i am cannot say, best thing would be to speak with a legal representative specializing in labor disputes... good luck...


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## bhav (Aug 6, 2012)

Saraswat,

Thank you very much for your response. Yes I did sign the papers for the cancellation of my visa. And it was a mistake on my part. I signed it without reading it. It sounds very stupid but the situation was such that I did not get a chance to go through the documents. I was pulled out of clients presentation and asked to sign the papers, it did not hit me then. But later I got to know that it was a trick that my ex-employer played on me and got away with.


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## Gavtek (Aug 23, 2009)

What did TECOM say when you contacted them? You HAVE actually contacted them haven't you?


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## bhav (Aug 6, 2012)

@Gavtek: I have not yet contacted TECOM. I will try and do that right away.


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## whitecap (Jan 28, 2011)

Wasn't XXXXXXXXXXXX was it? They are good at that type of thing


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## ChrisJAnderson (Dec 17, 2012)

Listen to Gavtek. Contact TECOM asap. They might be able to help you.


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## bhav (Aug 6, 2012)

@Whitecap - No it was not that company that you have mentioned.

@ChrisJAnderson - I immediately wrote to TECOM call center generic email ID and in turn they have forwarded my complain to their Labor Dispute team. Waiting to hear back from them. Thanks.


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## ChrisJAnderson (Dec 17, 2012)

bhav said:


> @Whitecap - No it was not that company that you have mentioned.
> 
> @ChrisJAnderson - I immediately wrote to TECOM call center generic email ID and in turn they have forwarded my complain to their Labor Dispute team. Waiting to hear back from them. Thanks.


Please be aware that it can take some time. Perhaps even weeks.


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## whitecap (Jan 28, 2011)

In my experience TECOM simply reply with a quote from the relevant labour regulation which gets them out of doing anything to help


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## whitecap (Jan 28, 2011)

Its only Libel if its untrue  Given the amount of Labour cases outstanding/in progress against them I think proving that the statement is factually correct is not an issue.

However, point taken


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## bhav (Aug 6, 2012)

TECOM has accepted my complaint against my ex-employer. They have send an intimation letter - email which mentions that I have filled a complaint against the company and the company needs to resolve the dispute in three working days or else the complaint will be referred to the Labour Court. Keeping my fingures crossed.

Any suggestions or experiences to share. What would TECOM do if the company does not come back for dispute settlement or if the company comes back and rejects my claim? What is the process that TECOM follows?


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## bhav (Aug 6, 2012)

TECOM has comeback stating that they cannot take my complaint forward because I am not in Dubai .

They have asked me to issue a Power of Attorney in favor of someone who is locally available in Dubai and can represent me during the discussion. I do not have any friend or relative in Dubai, so I guess the only option is to appoint a lawyer who can represent my case.

I wanted some suggestions from the experts in this forum - 
1. What the typical fees that a lawyer would charge for representing a labor case??

2. Will the lawyer typically charge me the fees all inclusive (one-time) or is it stage based? I mean, if my ex-employer settles the matter in Labor court then we do not need to go to the Dubai court. Do the lawyers in Dubai charge a one-time lump sum or can it be on a staggered basis depending upon the progress of the case.

3. Any recommendation for a honest and helpful lawyer based on your past experience?

4. Apart from the lawyer fees what are the typical other court expenses that I should be prepared for?

5. How do I issue a POA for someone in Dubai when I am not locally in Dubai?

Any suggestions/guidance is highly appreciated.

Thank you.


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## saraswat (Apr 28, 2012)

bhav said:


> 5. How do I issue a POA for someone in Dubai when I am not locally in Dubai?
> 
> Any suggestions/guidance is highly appreciated.
> 
> Thank you.


As far as the POA is concerned you would need to get it attested by the UAE embassy in your home country, for it to be legally applicable out here.. So basically get it drafted take it to the embassy, pay the fees and get it attested. Just get in touch with the embassy, they can surely help you out with all the relevant details/processes involved.. 

Sorry don't have first hand experience with the rest of your questions.. good luck ..


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## BedouGirl (Sep 15, 2011)

saraswat said:


> As far as the POA is concerned you would need to get it attested by the UAE embassy in your home country, for it to be legally applicable out here.. So basically get it drafted take it to the embassy, pay the fees and get it attested. Just get in touch with the embassy, they can surely help you out with all the relevant details/processes involved..
> 
> Sorry don't have first hand experience with the rest of your questions.. good luck ..


MAK and I actually outlined the process for a POA recently but I can't remember which thread it was on and there's more to it than this. See if you can find it in his threads as he has less than me and then mine will be underneath. I can't remember exactly what it is but it has to go to Dubai Courts as well.

And CONGRATS Saraswat, I just noticed you are now a MOD 


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## bhav (Aug 6, 2012)

@ Saraswat and Bedougirl - Thank you very much for your reply. I will check other threads to get more information on the POA process.

Any suggestions/views on my other questions.

Any help is highly appreciated guys.

Thanks.


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## melponea (Mar 31, 2014)

Hello people!
Since my problem looks quite similar I don't want to open a new thread.

The point is that we haven't been paid for 3 months already (January, February, March). Last payment for December we got in February. I know that we should report it to MoL.
Obviously we've already started looking for new job opportunities and luckily my husband got an job offer outside the UAE. So we are waiting for visas and run away from this country!

I really don't want to report it to MoL, just because we were working here on the tourist visa in December, before we got the work permit. Yeah, I know...many reasons are behind this decision. Finally in January we got our work permits but as archive clerks (no one told us to do the attestation) and we stick with the official contract as archive clerks with 1/3 of agreed salary and confirmation letter from the company with the real salary. Does it make any sense?

We want to resign tomorrow with 2 weeks notice period and try to get back as much as possible. Shall we mention the reason? Is anything that company can do against us? They pay for the hotel, car, medical insurance. They also paid for our relocation. I even don't count on all sum, the 1 salary is enough for us to start the new live in other country...We are not going to work here anymore so work ban is not the issue.

Thank you for your help!


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## Sparki (Mar 22, 2014)

melponea said:


> Hello people!
> Since my problem looks quite similar I don't want to open a new thread.
> 
> The point is that we haven't been paid for 3 months already (January, February, March). Last payment for December we got in February. I know that we should report it to MoL.
> ...


it happened to me once in 2008, the company didn't pay me a month salary, I moved on right away and stopped the visa process because I know if the salary is delayed by the company nothing worse to expect!!! this is the worse thing could ever happen. You have to have a fat wallet in order to live a decent life in Dubai.

reporting this to MOL might take time and in your case, time is essential element for you to move on.

so I suggest to take this with the HR/Head manager or so and try to reach to a solution.

as far as I know if you want to leave the job in the probation period, the company has no right to make you pay for anything!!


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