Question: I have been offered a job and the role includes commission and bonuses, depending on meeting targets and my overall work. The basic salary is low, so I will be relying on the extra payments.
The contract has been sent to me, but it includes a clause that says my income depends on the company being paid all of its invoices every month. These are not just the ones related to the business I bring in, but generally for other staff and all parts of the business.
The company want me to accept this and confirm that I will not be paid if any clients default. It seems to apply to the basic salary, too. Is this legal? ML, Abu Dhabi
Answer: When an employee is paid commission, it is normal for that to be issued after the company has been paid, but only in relation to the business that they bring in. To be dependent on every part of a business is highly irregular.
No employer in the UAE can decide not to pay a basic salary and they would be in breach of UAE labour law by failing to pay a salary within a few days of the due date.
I don’t believe such a clause is enforceable under UAE law, but if a company is like this at the outset, there are many red flags. No company can legally “pay when paid” and that is a grossly unfair request. If such a clause is accepted by an individual, it is still not legal.
The potential problem is that an employee who is not paid is likely to have to fight to get what is owed from an employer with this mindset. That can take time and be a major headache.
It appears that this company has cashflow issues, as well as no respect for its staff, and my advice would be to walk away and find another role with a company that doesn’t attempt to break labour laws from the outset.
Q: I have a helper who has been with us for a few months. She was careless and broke my vacuum cleaner by dropping it down the stairs. It is an expensive, branded machine and the service centre says it can’t be fixed, so I will have to replace it. The current price seems to be about Dh1,600 ($435.70).
I want to teach her a lesson and make her pay for it so she does not do this again, but my friend says I can’t do that.
I don’t want to have an issue as she was employed through an agency, but surely I can make an employee replace something they broke? NT, Dubai
A: No UAE employer can simply make a deduction from an employee’s wages. They must comply with the relevant legislation, which limits the amount of any deduction.
In this case, the law is Federal Decree law No. 9 of 2022 (Concerning Domestic Workers and its Amendments).
Article 16 of the law states: “If the domestic worker caused any loss, damage or destruction to any tools, machines, equipment or products owned by the employer, kept in the custody of the worker or under his/her disposal, then the employer has the option to deduct from the worker's pay the amount required for rectifying error or restoring the item to its original condition. This arrangement is subject to the consent of the domestic worker or approval of the ministry if the worker declines. In such a case, the deduction cannot exceed one quarter of the domestic worker's salary.”
I understand that this domestic worker has a monthly income of Dh2,800, so the maximum deduction would be one quarter of that sum, or Dh700. NT is not permitted to deduct any more than this. It should also be remembered that accidents happen.
Q: I live with my family in Abu Dhabi and have been offered a transfer to Doha, Qatar.
My wife has recently become pregnant, with the baby due in early 2026. I know there is some official leave now for fathers in the UAE but I can’t find details of anything in Qatar. Is it the same there? FG, Abu Dhabi
A: The UAE introduced paternity leave for private sector employees in 2022, albeit just five days, but Qatar has its own employment laws. While Gulf states have many similarities, each has its own laws, including in respect of employment.
Qatari labour laws do not currently mandate any paid leave for fathers after the birth of a child. Companies have the option to grant additional leave in this situation but there is no right in law.
Contact Keren Bobker at keren@holbornassets.com or at www.financialuae.com. The advice provided in our columns does not constitute legal advice and is provided for information only
