Can an employee legally challenge the employer for not increasing their salary when their new colleagues receive a higher salary?
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A long-time employee of a company wants to understand what the law of the country says about career advancement possibilities.
Ask: I’ve been at my company for over a decade, but my salary and position haven’t changed. Meanwhile, colleagues who joined after me earn more for the same work. What does UAE law say about salary increases and career growth opportunities within the company?
Answer: Based on your situation, assuming you work in the UAE mainland, it sounds like you face potential discrimination regarding salary increases and promotions. The relevant laws for this scenario are Federal Decree Law No. 33 of 2021 on the Regulation of Labor Relations and Cabinet Resolution No. 1 of 2022 implementing Federal Decree Law No. 33 of 2021.
In the United Arab Emirates, employees are entitled to receive the salary indicated in their employment contract, which must be registered in the Ministry of Human Resources and Emiratization (MoHRE). This is described in Article 8 of the Employment LawWith Article 10 of Cabinet Resolution No. 1 of 2022.
Additionally, an employer shall not discriminate among its employees in the payment of wages when the employees perform the same nature of work. This is for Articles 4(1) and (4) on Equality and Non-Discrimination in Labor LawWhat states,
“1. It is prohibited to discriminate against people based on race, color, sex, religion, national origin, ethnic origin or disability, in a way that weakens equal opportunities or harms equal access, continuation or enjoyment of rights associated with employment. An employer will not discriminate with respect to jobs that involve the same job duties.
4. Women will receive the same salary as men for the same work or for work of equal value. The procedures, controls and standards for the evaluation of works of equal value will be established by decision of the Council of Ministers, at the proposal of the Minister.”
Additionally, any employer employing 50 or more employees must have its rules and regulations related to promotions, rewards, instructions, sanctions and procedures for termination of employment. This is for Article 14 (1) and (4) of Cabinet Resolution No. 1 of 2022What states,
“Without prejudice to the provisions of Article 13 of the Decree-Law, establishments that employ 50 or more workers will establish rules relating to the organization of work, such as the regulation of work instructions, sanctions, promotions and rewards, and the procedures to terminate the employment relationship, subject to the following:
1. The rules will be set in such a way that they do not contradict the provisions and standards established in the Decree-Law, the provisions of this Resolution and the Legal Regulations.
2. The regulation of promotions and prizes will include the criteria and standards related to promotions and prizes.”
According to the aforementioned laws, there are no specific rules on salary increases for employees. If you feel you are being treated unfairly with respect to pay increases compared to your colleagues, you can discuss this with your employer. If there is no resolution, you can file a complaint with the Ministry of Human Resources and Emiratization (MoHRE) with discrimination evidence. If your company has its own human resources policies regarding salary increases and promotions, and your employer does not follow them, you can also file a complaint with the MoHRE. If the issue is not resolved, you can take legal action through the court system.
News Source: Khaleej Times
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