Legal Recourse for Unpaid Salaries and Wage Protection System (WPS) Violations in the UAE

An expert analysis of employee rights and the procedural steps to recover unpaid wages through the Ministry of Human Resources and Emiratisation (MOHRE).

The Employer's Obligation to Pay Wages

Under Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, employers are legally mandated to pay salaries on their due dates. The Wage Protection System (WPS) is the primary mechanism used by the Ministry of Human Resources and Emiratisation (MOHRE) to monitor these payments. A delay of three months in salary payment is a severe violation that grants the employee specific legal rights, including the right to terminate the employment contract without notice while retaining all end-of-service benefits.

Filing a Formal Labour Complaint

When salaries are withheld, the first step is to file a formal complaint through the MOHRE website or app. The Ministry will then attempt to mediate a settlement between the employer and the employee. If mediation fails within the statutory timeframe, the Ministry will issue a referral letter allowing the employee to escalate the matter to the Labour Court. For claims under AED 50,000, the MOHRE now has the authority to issue final and binding decisions without court referral.

Protections Against Retaliation

Employees often fear termination if they complain about unpaid wages. However, UAE law protects employees from 'arbitrary dismissal' if the termination is a result of filing a legitimate complaint against the employer. In such cases, the court may award additional compensation of up to three months' salary, in addition to the unpaid wages and gratuity.

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