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Your employer can deduct salary only if ...

The notice period for termination is as mentioned in your contract and your employer cannot impose a ban.

I have a contract with my company for three years. The company has deducted a portion of my salary and told me they will refund the amount only after the completion of three years. They have also taken my BE certificate without any receipt. When asked for receipt, the company owner just waved me off, and I didn't press the issue.

If I want to quit this job at the end of the first two years of service and serve a one-month notice period, can the employer impose a ban on me?

Also, as I have no receipt for my BE certificate, how can I legally compel the company to return the certificate?

Your employer cannot deduct a portion of your salary without valid reasons as mentioned in Article 60 of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the 'Employment Law'). It states as follows: "No amount of money may be deducted from a worker's remuneration in respect of private claims, except in the following cases:

(a) the recovery of advances or amount of money paid to the worker in excess of his entitlements, on condition that the amount deducted in this case does not exceed 10 per cent of his periodic remuneration;

(b) contributions which the worker is required by law to pay from his remuneration, e.g towards social security and insurance schemes;

(c) the worker's contributions to a savings fund or repayment of advances repayable thereto;

(d) contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department;

(e) fines imposed upon the worker for any offence he has committed;

(f) any debt payable in execution of the judgement of a court of law, provided that the deduction shall not exceed one quarter of the worker's remuneration. Where two or more debts are payable, the maximum shall be half the worker's remuneration and the sums of money attached shall be divided pro rata among the beneficiaries, after payment of any legal alimony at the rate of one-quarter of the workers remuneration."

Pursuant to the aforementioned provisions it appears that the deduction made by your employer is not in accordance with the law.

Since you have completed more than six months of employment and we assume your contract is unlimited in nature, you are eligible to terminate your employment contract by serving notice.

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Author: Ashish Mehta    Source: khaleejtimes

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