Research On Migrant Labor Protections, Enforcement Gaps, And Uae Precedents
Case 1: Unpaid wages for long-term employment
Facts: A migrant worker employed for 12 years claimed the employer had not paid his wages for several months. He also requested end-of-service gratuity and payment for unused annual leave.
Legal claim: The worker relied on Federal Decree-Law No. 33 of 2021 (UAE Labor Law), which guarantees timely wage payment, end-of-service benefits, and leave entitlements.
Court reasoning: The court examined the employment contract, payroll records, and testimonies. It confirmed the worker’s continuous service and overdue payments.
Outcome: The court ordered the employer to pay the full arrears, gratuity, and leave dues, totaling over 80,000 AED.
Significance: Demonstrates that UAE courts enforce long-term workers’ rights and calculate payments based on the statutory formula for gratuity.
Case 2: Employer delays start date
Facts: An employee signed a contract but never formally joined the company due to employer delays in arranging work. He claimed salary for the period from contract signing to actual start date.
Legal claim: The worker argued that under UAE labor law, the employer is liable to pay wages from the agreed start date if the worker was ready to work.
Court reasoning: The court confirmed that a valid employment contract existed and that the worker had fulfilled his part by being available to start work.
Outcome: The employer was ordered to pay over 100,000 AED in wages for the delayed start period.
Significance: Affirms that workers are entitled to wages even if the employer postpones the commencement of work.
Case 3: Multiple years of unpaid wages
Facts: A worker with 17 years of service claimed unpaid wages and end-of-service benefits after resigning.
Legal claim: The employee sought recovery of all overdue salary and statutory gratuity.
Court reasoning: The court analyzed employment records, calculated wages for months withheld, and applied the statutory formula for end-of-service benefits.
Outcome: The employer was ordered to pay over 225,000 AED, covering both unpaid wages and gratuity.
Significance: Reinforces that UAE courts protect long-tenure employees, and unpaid claims cannot be ignored even after many years.
Case 4: Wage claim rejected for lack of documentation
Facts: A worker claimed around 20,000 AED in unpaid wages, but he did not specify which months were unpaid or provide documentation.
Legal claim: He requested both wages and end-of-service benefits.
Court reasoning: The court rejected the wage claim because the worker failed to substantiate the specific amounts and periods. However, gratuity, unused leave, and notice pay were awarded, as they were calculated based on the duration of employment.
Outcome: Partial success; the claim for specific unpaid wages was denied, but statutory benefits were awarded.
Significance: Highlights the importance of record-keeping and evidence when filing wage claims in the UAE.
Case 5: Collective wage recovery from catering company
Facts: Around 400 migrant workers employed by a catering company had unpaid wages for several months. The company director absconded.
Legal claim: Workers filed claims collectively for unpaid wages and benefits.
Court reasoning: The Abu Dhabi Judicial Department liquidated the company’s bank guarantee and intervened to ensure payment.
Outcome: Workers received partial payments initially, with the remainder disbursed over the following months.
Significance: Shows that large-scale collective recovery is possible and demonstrates the UAE authorities’ use of innovative enforcement measures like bank guarantees.
Case 6: End-of-service benefit calculation
Facts: A worker completed 11 years and 10 months of service with a basic salary of 12,800 AED. He sought statutory end-of-service gratuity.
Legal claim: The claim relied on UAE labor law’s statutory formula:
21 days’ wage per year for the first five years,
30 days’ wage per year thereafter,
Capped at two years’ wage.
Court reasoning: The court calculated the gratuity according to the law and included accrued leave payments.
Outcome: The total end-of-service benefit awarded was 132,301 AED.
Significance: Provides a practical example of statutory gratuity calculation for migrant workers.
Case 7: Long-service worker with delayed settlement
Facts: A worker with 25 years of employment sought payment of unpaid wages and end-of-service gratuity.
Legal claim: The worker requested full wages, gratuity, and compensation for delay in settlement.
Court reasoning: The court confirmed continuous service, applied the statutory gratuity formula, and considered overdue wages.
Outcome: Employer ordered to pay over 280,000 AED.
Significance: Reinforces that UAE courts will protect workers even after decades of service, ensuring full compliance with wage and gratuity obligations.
Key Observations from the Cases
UAE courts consistently enforce wage and end-of-service benefits, especially for long-term employees.
Documentation and evidence are crucial; claims may be rejected if the worker cannot specify amounts and periods.
Even if an employee never commenced work, a signed contract can entitle them to wages if the employer delayed.
Collective claims are possible, and authorities can intervene using bank guarantees or settlement funds.
The statutory formula for gratuity is consistently applied, providing predictability for both workers and employers.
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