Can an employee bring a case against a company for an unpaid additional fuel cost?
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Reader asks if company can be sued for refusing to provide more fuel allowance
Ask: I work in a company in mainland Dubai. My job involves a lot of travel, so the company has given me a car with a fuel subsidy. However, I end up paying a lot more in fuel than my fair share. I have raised this with the company many times but to no avail. Do I have legal recourse?
Answer: Since you are employed by a mainland company in Dubai, the provisions of the Federal Decree-Law No. 33 of 2021 on the Regulation of Labor Relations and the provisions of Cabinet Resolution No. 1 of 2022 on the Implementation of the Federal Decree-Law No. 33 of 2021 Regarding the Labor Relations Regulations, they are applicable.
In the United Arab Emirates, allowances provided to an employee may be included in an employee’s employment contract under Article 8 of Employment read with Article 10 (1) of Cabinet Resolution No. 1 of 2022, which states :
“Subject to the provisions of article 8 of the Decree Law:
1. The employment contract must include the name and address of the employer, the name, nationality and date of birth of the worker, proof of their identity, their qualifications, the position or occupation, the date of commencement of work, the place of work, the hours of work, the days of rest, the trial period, if any, the duration of the contract, the agreed salary including benefits and supplements, the right to annual vacations, the notice period, the procedures for termination of the employment contract and any other information. determined by the Ministry to regulate the relationship between both parties.”
Based on the aforementioned legal provision, your contract is supposed to state that the employer will bear the fuel costs for the car you drive, which is provided by your employer and used for company business. In this case, the employer must cover the fuel costs.
But if an employer refuses to do so, then you may consider filing a complaint with the Ministry of Human Resources and Issuance (MoHRE) in accordance with the provisions of Article 54 of the Employment Law read with Article 31 of Cabinet Resolution No. 2022. Based on your complaint, the MoHRE will make efforts to resolve the matter between you and your employer related to the fuel expenses of your automobile that is used for the company’s business.
If there is a disagreement between you and your employer, the MoHRE You will refer your complaint to the relevant court in the UAE having jurisdiction to hear the matter and the said court will decide the matter in accordance with Article 22 (1) of the Employment Law, which states,
“The amount or type of salary will be determined in the Employment Contract. If such amount or type is not determined in the Employment Contract, the competent court will determine it as a labor dispute.”
News Source: Khaleej Times
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