JobXDubai

In Dubai’s dynamic job market, many employees face challenges when it comes to receiving their rightful compensation, especially commissions. If you’re working in sales or a commission-based role, understanding your rights is crucial. Let’s explore what you can do if your employer fails to pay commissions regularly.

Understanding Salary Components in the UAE

According to the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, an employee’s salary in the UAE includes:

• Basic salary
• Allowances (cash or in-kind)
• Benefits prescribed in the employment contract
• Commissions (if offered by the employer and mentioned in the contract)

This comprehensive definition covers various forms of compensation, including “a percentage of sales or a percentage of profits paid in return for anything marketed, produced or collected by the employee.”

Offer Letters vs. Employment Contracts

It’s important to distinguish between offer letters and employment contracts:

1. Offer Letters: Typically seen as informal agreements, outlining initial terms of employment.
2. Employment Contracts: Formal, legally binding documents registered with the Ministry of Human Resources and Emiratisation (MoHRE).

While all contracts are agreements, not all agreements are contracts. However, if your offer letter mentions commissions not specified in your MoHRE-registered contract, you may still have grounds to claim these commissions.

Legal Basis for Claiming Commissions

Article 65 (1) of the UAE Employment Law states that the law provides minimum employee rights. If any other agreement or contract offers more beneficial terms, those terms remain valid and applicable.

This means that if your offer letter promises commissions more favorable than your official contract, you may have a legal basis to claim them.

Steps to Take When Commissions Go Unpaid

If you’re facing issues with unpaid commissions, consider the following steps:

1. Review Your Documents: Carefully examine your offer letter and employment contract.
2. Communicate with Your Employer: Formally request that your employer pay the agreed-upon commissions regularly.
3. File a Complaint: If communication fails, you can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE).
4. Seek Legal Recourse: As a last resort, you may take the matter to a court with jurisdiction in Dubai.

The Role of Courts in Employment Disputes

In case of disputes, UAE courts have the authority to determine salary components, including allowances and commissions. This is supported by Article 22 (1) of the UAE Employment Law, which empowers competent courts to resolve salary-related disagreements.

Key Takeaways for Employees

1. Keep all documentation, including offer letters and contracts.
2. Understand that commissions mentioned in offer letters may be legally enforceable.
3. Regular payment of commissions by your employer can establish it as a standard practice.
4. Don’t hesitate to assert your rights through proper channels if issues persist.

By staying informed about your rights and the legal framework surrounding employment in Dubai, you can better navigate challenges related to compensation and commissions. Remember, the law is designed to protect employee rights, so don’t hesitate to seek help if you feel your employer isn’t fulfilling their obligations.