The remuneration shall include every one of the monetary plus-kind elements furnished by the employer for the worker to acquire the effort and time offered by the worker. The U.A.E Labor Law has provided guarantees to guard the worker’s wage and obtain it fully as stipulated for legal reasons as follows:
First: Protecting The Remuneration from The Deduction:
In accordance with Article No. (60) from the Labor Law, any quantities of money most likely are not deducted through the employee’s remuneration to recuperate rights, except inside following cases:
A. Repayment of advances or quantities of money paid for the employee over his entitlement, given that deduction in such cases may not exceed 10% in the employee’s periodic pay.
B. Installments which can be payable for legal reasons by the employees off their remuneration, for instance social security and insurance schemes.
C. Subscriptions with the employees inside saving fund or advances due for payment for the fund.
D. Installments according of any social scheme or any other privileges or services furnished by the employer and approved through the Labor Department.
E. Fines imposed upon the worker due to offenses committed by him/her
F. Any debts payable in execution of court judgment provided not a lot more than a quarter on the employee’s pay will be deducted. In the presentation of numerous debts or creditors, half in the remuneration at the most could possibly be deducted as well as the sums of cash attached will likely be divided pro rata among beneficiaries after payment associated with a legal alimony amounting to a single quarter on the remuneration.
The last clause (F) reflects the security granted for the staff member from his creditors, who may request the seizure of remuneration to satisfy their rights, because that this remuneration could be the source of living from the worker and his awesome family. The law has determined the seizure percentage for your single creditor that this seizure percentage shall not exceed the quarter and within the event from the diversity on the creditors the seizure percentage shall not exceed the half in the remuneration. And if alimony is truly one of these debts, then quarter is assigned along with the remaining quarter of seized half used on pay other creditors pro rata, i.e. employee fees are 8000 AED and 50 % of this amount seized for your benefit with the creditors, then quarter (2000 AED) to spend alimony and remaining 2000 AED purchased creditors pro rata.
In order to estimate the percentage from the remuneration from the employee which can be deducted, first; the proportion should be calculated with the aforementioned deductions as states from the clause (A – C) of Article No. (60) on the said Labor Law, as well as the remainder should be deducted in the percentage mentioned in clause (H) from the same Article- If the remuneration on the worker is $ 10, 000 Dirhams, and also the total amount deducted from loans, subscriptions, installments and fines is AED 1,000, the total amount deducted from it for that application of item (H) which stated previously is nine thousand Dirhams.
Second: Estimating The Deduction In Case The Employee Causes Damages, Loss or Destructions;
In Accordance with Article No. (61) in the Labor Law which states that “If the staff member has caused the loss, damage or destruction to your tools, machines, equipment or products belonging to or residing in custody from the employer, on the extent that involvement with the employee was as a result of his fault or violation from the employer’s instructions, next the employer provides the option to cut on the employee’s pay the quantity required for rectifying error or restoring that to its original condition, providing the amount being deducted shall not exceed five day pay every month. The employer can apply for the competent court with the concerned Labor Department for authorizing him to deduct a lot more than this amount if the worker is financially sound or has another source of cash”.
Third: The Privilege Right to Obtain The Remuneration:
As states in Article No. (4) in the labor Law states that “All amounts payable towards the employee or his beneficiaries under this Law shall have lien on the many employer’s movable and immovable properties. And payment thereof should be made once payment of a typical legal expenses, sums due on the public treasury and Sharia alimony awarded to wife and children”.
In the aforementioned article the legislator went away from general rules established to the general privilege rights which stated within the text of Article 1515 in the Civil Transactions Law into two matters to defend the worker’s right and be sure access to it:
The Labor Law grants the staff member the right of privilege over every one of the employer’s money, regardless from the amount or period in which the total amount is due, meanwhile the overall rules restrict the privilege to your extent approximately it is entitled on the general privilege rights inside the last a few months.
The labor law has preferred the privilege from the employee on the privilege states from the law to the due amounts supplied to your debtor as well as those who dependents for food, clothing and medicine. Essentially the privilege rights are fulfilled through the percentage of each, whilst the labor law grants the worker the proper to precede the privilege with the suppliers of food, clothing and medicine.
Fourth: Estimating the Deductions in Case of Imposing a Fine Penalty
As states in Article 104 from the Labor Law “A fine could possibly be a certain amount of capital or what can equal on the remuneration in the employee for the certain length of time. A fine according of a single offence might not exactly exceed remuneration payable for five days. It isn’t permissible to deduct within 4 weeks an amount equal to a lot more than five days pay on the employee’s remuneration in settlement of fines imposed upon him”
Fifth: Proving The Eligibility of The Remuneration
As states in Article No. 58 with the said law; “Settlement on the remuneration payable to employees regardless of its amount or nature will be evidenced only on paper, by declaration or oath. Any agreement towards the contrary will probably be null and void regardless of whether made prior to a effective date of the Law”.
It is known as a protection to the worker as being the worker would be the weak party within the labor relationship, the legislator in this Article has went beyond the general rules from the proof, where it will require the worker to prove his eligibility to his remuneration by writing or its alternative, declaration or oath or no matter the value with the remuneration, even should the value with the remuneration is lower than five thousand Dirhams. However, the rules to the proof necessitates testimony of witnesses or evidence if the total amount of debt is a lot less than five thousand Dirhams. Accordingly, prior to the employer is discharged in the remuneration debt, she must provide written proof or declaration or oath of his fulfilment on the worker.
“it really is not permissible to assert employee payment prior the state receipt or acknowledgement, or using the oath or refusing on the same, i.e., the receipt issued by entrepreneur regarding employee payment just isn’t enough to prove the entire fees payment.
Sixth: It will not be Permissible to Force A Worker To Buy From A Certain Store or The Products of The Employer:
For the Protection with the worker on the possibility of forcing him to take delivery of his wages in kind rather than cash, and it may happen over the payment of greenbacks and then require/force the worker to obtain products in the employer or his stores at prices controlled with the employer, Article 59 with the Labor law states the next “No worker should be obliged to obtain food or some other commodities from specific shops or products manufactured from the employer”
If the employer is in a position to obligate the worker to acquire from a certain place, he’ll almost certainly impose the remuneration he wants and it can be lower as opposed to minimum remuneration. That will be achieved by providing the worker his remuneration in cash and then a worker is required/forced to buy through the employer`s shop or his products at higher prices compared to the other stores. By this method the employer will recover part on the remuneration paid on the worker.
In light from the aforementioned it reveals to us how the legislator has granted the security for the worker intended for obtaining his remuneration, in which the legislator has codified each of the provisions to shield the worker`s rights to get his remuneration and preventing his remuneration being deducted under any circumstances in a fashion that affects his living or his family, that shows the human being sense plus the social commitment which is considered through the U.A.E law, which never considered the job relationship like a purely economic relationship.