Can Workers Sue for Unequal Pay Among New Hires in UAE

Asma Ahmed - | UAE

In the United Arab Emirates, employees are entitled to receive salaries as stipulated in their employment contracts, which are registered with the Ministry of Human Resources and Emiratisation (MoHRE).

This entitlement is supported by Article 8 of the Employment Law in conjunction with Article 10 of Cabinet Resolution No. 1 of 2022.

Employers are prohibited from discriminating among their employees in terms of salary, especially when they perform similar job roles. Articles 4(1) and 4(4) of the Employment Law emphasize equality and non-discrimination, specifying that it is forbidden to discriminate based on race, color, sex, religion, national origin, ethnic origin, or disability. This prohibition extends to ensuring that women receive equal pay for equal work or work of equal value.

Additionally, employers with 50 or more employees must establish internal rules and regulations governing promotions, rewards, instructions, penalties, and termination procedures, as per Article 14(1) and (4) of Cabinet Resolution No. 1 of 2022. These rules must align with legal provisions and ensure fairness in promotions and rewards.

The Employment Law and ministerial resolutions do not explicitly address salary increments by employers. If an employee feels discriminated against regarding salary increments, they can approach their employer to request an increase based on their tenure and merit. If the employer does not respond positively, the employee can file a complaint with the MoHRE, providing evidence of discrimination.

Alternatively, if the employer has established HR policies that include provisions for salary increments and promotions, employees can file a complaint with the MoHRE for discriminatory practices if they are denied such benefits unfairly. If the dispute remains unresolved, legal action can be pursued through the appropriate court channels.

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Asma Ahmed
Asma Ahmed
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