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Monday 3 June 2019

UAE Employers can reduce salaries without new contracts or not?


It is understood that you just ar operating for a non-public company in urban center for the last eight years, and your leader intends to scale back the salaries of all workers by fifteen per cent. during this regard, you would like to grasp if it's lawful for the leader to scale back associate degree employee's remunerations and if it's needed for the firm to tell its employees by e-mail or a politician notification. Further, you furthermore may wish to grasp if the leader is needed to produce the accumulated end-of-service edges associate degreed draft a replacement contract once an worker accepts the reduction. It is unlawful for associate degree leader to scale back associate degree employee's remunerations, except as provided underneath Article sixty of the Federal Law No. eight of 1980 regulation Employment Relations within the UAE (Employment Law). per the law, one's earnings could also be reduced if it's been united by each the leader and therefore the worker. each ought to enter into a recent employment agreement signed by each parties and it must be submitted and registered with the Ministry of Human Resources and Emiratisation (Mohre) for approval.

Article sixty of the use Law states: "No quantity of cash could also be subtracted from associate degree employee's remuneration in respect of personal claims, except within the following cases:
1-The recovery of advances or quantity of cash paid to the worker in more than his entitlements, on condition that the quantity subtracted during this case doesn't exceed ten per cent of his periodic remuneration;

2-Contributions that the law needs the worker to pay from his remuneration, e.g. towards social insurance, insurance schemes;

3-The employee's contributions to a savings fund or reimbursement of advances due thereto;

4-Contributions towards any welfare theme or in respect of the other privileges or services provided by the leader and approved by the labour department;

5-Fines obligatory upon the worker for any offence he has committed;

6-Any debt collectable in execution of the judgement of a court of law;

 Provided the deduction shall not exceed one-quarter of the employee's remuneration. wherever 2 or a lot of debts ar collectable, the most shall be 0.5 the employee's remuneration and therefore the sums of cash connected shall be divided proportionately among the beneficiaries, once the payment of any legal support payment at the speed of one-quarter of the employee's remuneration." Based on this provision of the law, despite the fact that the leader provides associate degree worker with a politician letter or e-mail concerning the reduction in salaries, it'll be valid provided that the worker agrees and a revised employment agreement is signed and submitted to Mohre. Further, associate degree worker is entitled to end-of-service edges, if he or she completes one continuous year of service underneath associate degree unlimited-period contract. this can be in accordance with Article 132 of the use Law. associate degree worker underneath a limited-period contract is entitled to end-of-service edges, if he or she completes 5 years of service. this can be in accordance with Article 138 of the use Law.

Thus, your claim to edges shall rely on the sort of your employment agreement and therefore the tenure of your service with the leader. If you qualify for the end-of-service edges, the quantity shall be calculated supported your current basic remuneration. within the event that your basic remuneration is reduced thanks to the reduction in your entire earnings, you will request your leader to pay the advantages till the date of reduction of your remuneration. KNOW THE LAW Although the leader provides associate degree worker with a politician letter or e-mail concerning the reduction in salaries, it'll be valid provided that a revised employment agreement is signed and submitted to Mohre.
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