A UAE resident who was not paid a salary for 19 months and then refused his end of term benefits has been awarded Dh475,555 by the Abu Dhabi Labour Court. The Indian civil engineer, who worked for 15 years for a private company, resigned in April this year after he was not paid his salary for over a year.
However, the company refused to give him the final settlement including gratuity and the 19 months of unpaid wages, worth more than Dh300,000.
As is the standard procedure in labour disputes, the employee first lodged his complaint with the Ministry of Human Resources and Emiratisation (MoHRE) in June this year.
After the ministry’s mediation failed to resolve the issue, the matter was formally referred to the Abu Dhabi Labour Court. It was at this stage that the worker approached Hamad Bin Jarwan Advocates & Legal Consultancy (HBJ), entrusting the case to Advocate Mihjah Ahmad and Advocate Sahadudheen Moopen.
“Towards the end of his employment, he suffered several mental health issues as he had not been paid for over a year,” said Mihjah. “He had taken out loans for his day-to-day expenses, and he was having difficulty repaying it. This caused him to take a few unpaid leaves. Citing this, the company refused to give him his final settlement.”
According to Sahadudheen, the legal team carried out a thorough review of salary slips, company records, and service documents to build a strong claim. “Our detailed submissions and arguments ultimately led the court to recognize the worker’s rightful entitlements and deliver a fair judgment,” he said.
The worker, who left for India after resigning, returned to the country and started working with another company during this period. “This is why we did not claim for a return ticket in the final settlement,” said Mihjah. “Otherwise, he would have been entitled to that as well.”
Under the UAE Labour Law, claims for entitlements such as end-of-service benefits, unpaid wages and other benefits must be filed within the statutory limitation period. Currently, the law requires that claims be submitted within one year from the date the worker becomes entitled to them — a safeguard designed to protect employees while ensuring timely resolution of disputes.
“This ruling is seen as an affirmation of the UAE’s commitment to protecting the rights of its diverse workforce,” said Dr Hamad bin Jarwan al Shamsi, Chairman of HBJ legal group. “The judgment also sets an important precedent for addressing long-pending wage disputes, giving hope to expatriates who contribute significantly to the nation’s growth.”
