‘Can a company refuse to give me remuneration for my freelance work?’

QSoon after I moved to the UAE, I took on some work as a freelancer. I don’t have a contract with the company, but they said they would pay me an agreed amount and that if everything went well, there would be a permanent role with a visa and benefits.

I worked for the company for just three weeks and then left as I didn’t like the culture.

I worked for about 120 hours. I didn’t give them any notice. They are now refusing to pay me even though I was told they liked my work.

As there wasn’t a contract, I am at a loss for what I can do next. How do I get the money I am owed? RC, Dubai

AIn this situation, RC has few options as she was working without having a residency visa. Both she and the employer have been breaking the UAE Labour Law.

A person cannot be employed without a visa. If they do not have a valid residency visa, whether a freelance visa, one from their own business, sponsored by a family member or a golden visa, it must be provided by the employer.

The employer must also provide a work permit in all cases. RC was on a visit visa and no one can undertake any work on a visit visa.

When taking on an employee, a company is supposed to have applied for a visa by the time the person starts work and there should be an official contract that is lodged with the Ministry of Human Resources and Emiratisation that confirms the start date of employment and the salary payable. If in a free zone, the equivalent procedure applies.

It is also a requirement that an employee should give notice on leaving any employment.

As RC does not have her own visa, she is unable to undertake contract work in this way.

Without a contract of any sort, an employment visa or even an application for one, and no freelance or trade licence, RC was not working legally, so she is not in a position to take any action against the employer.

My current monthly salary is Dh12,500 ($3,403). However, my contract states just Dh9,000 and doesn’t reflect the higher salary I’m receiving after being promoted.

I have given my resignation notice. The company doesn’t have a HR department, so the owner needs to work out my gratuity payment.

I have been with the company for four years and my salary has increased twice. The owner says he needs to use the different salaries for each period to work out what I am due, but I thought that the current salary is the relevant one.

Can I claim what I am owed? SH, Sharjah

SH is correct in believing that the current salary is the one that needs to be used when calculating the end-of-service benefit.

The UAE Labour Law covers this in clause 5 of Article (51): “Without prejudice to the legislation regarding the granting of pensions or retirement benefits to workers in some establishments, the end-of-service benefits shall be calculated according to the last basic wage the worker was entitled to, with respect to those who receive their wages on a monthly, weekly or daily basis and according to the average daily wage stipulated in the provisions hereof for those who receive their wages on a piecework basis.”

SH is entitled to the end-ofservice gratuity on their basic salary of Dh12,500 no matter what any contract says.

The salary paid each month will be evidence of this and unless there is any paperwork that states that the additional amount is an allowance, it will be deemed basic salary.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai. Contact her at keren@ holbornassets.com. Follow her on Twitter at @FinancialUAE. The advice provided in our columns does not constitute legal advice