Question: I work in a restaurant at a hotel, which mainly relies on tourists as guests. Business has been quieter in recent weeks and my manager has told all employees that we will need to take unpaid leave and probably also have to accept a salary cut.
My salary is low and I rely on tips for extra income to make ends meet, so this is a real problem. The staff are all very worried as we all still have to pay rent and bills, and support our families.
Is the company allowed to do this to us? TR, Dubai
Answer: The short answer is no. No employer is legally permitted to just change the terms of employment, or alter a contract like that. Changes can be made only with the consent of the employee. An employer cannot reduce salary or other benefits without the express permission and consent of the employee. And employees should not be bullied into accepting pay cuts.
UAE labour law states than an employer can tell an employee when they can take their annual leave, but they must not force someone to take unpaid leave. Failure to pay an employee is in breach of UAE law.
The hospitality industry is facing some difficulties due to the current situation, but this has not been going on for long, and businesses ought to have learnt some lessons during Covid.
All companies should have addressed their cash flow after those issues, and they should have reserves of cash to cover end-of-service gratuity payments too. It is extremely disappointing to hear that so many companies are breaking UAE employment law in this way.
The correct approach is to get the consent of employees before making any changes. An open and honest dialogue is a far better approach, and a better way to treat staff who have their own liabilities and expenses.
If an employee's service is terminated, they are still entitled to be given notice in accordance with their contract, and should receive full pay for the notice period.
Even in difficult times, employers have a duty of care towards their employees and are required to follow UAE labour law.
In the event any laws are broken, the employee can register a case against the employer through the relevant free zone or the Ministry of Human Resources and Emiratisation on its website.
Q: I have been working as a maid and nanny, but I will be leaving because my employer has not paid the full amount owed to me for five months. Is there anything I can do to get what I am owed? I need this money to support family back in Sri Lanka. WB, Abu Dhabi
A: Domestic workers are protected by legislation separate to the main UAE labour law, under Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers. Besides maids and nannies, this law also applies to household cooks, caretakers, personal drivers and several other roles.
Article 15 of this law makes it clear that employers are required to pay wages within 10 days of the due date.
Any domestic worker who has not been paid can file a complaint with the MOHRE. They are exempt from litigation fees. Complaints can be filed through the MOHRE website or app, or by phone at 600590000 or 80084. They can also be filed in person at a Tasheel service centre.
Any employer, whether an agency or a person, who has complaints registered against them is likely to find that they will have issues in obtaining visas for staff in the future. They may also be subjected to fines.
Q: I was late in making payments on a personal loan and I am still behind on two payments. I would like to go home to visit family, but I am worried that I will not be permitted to travel. Is there a way to find out without having to go to a police station? LK, Abu Dhabi
A: In early 2025, the Abu Dhabi Judicial Department launched the Estafser system. This is a smart system that allows UAE residents to check for any legal cases or travel bans registered against their name.
Estafser can be accessed through the ADJD website or the Abu Dhabi Police app. Access requires an Emirates ID number and registration with UAEPass.
The system allows residents to check for travel bans, legal cases and restrictions without visiting a police station or government office.
Estafser enquiries can be submitted in Arabic, English and Urdu.
Dubai residents can access a similar service through the Dubai Police app or website.
Any travel bans that are in place will not be removed until the case has been resolved.
Contact Keren Bobker at keren@holbornassets.com or www.financialuae.com. The advice provided in our columns does not constitute legal advice and is provided for information only
