Half Pay (Basic and Allowance?)

Eloisza · 2020-09-08T18:31:59+02:00

Hello everyone, I’ve come to know from a friend of mine that this site is very interesting as it helps a lot people for their queries. I’m glad I was able to join. Thank you in advance for all the admin that helps Bahrain and other GCC countries troubled residents.....I would want to query about my situation in my current employer. As we all know this year has been so tough for everyone due to the pandemic, a lot of businesses were closed for the few months and just starting to re-open now. I’m working in a private company and now that we are partially reopened, we are still on a half pay. Now my question is.. Is it legal for my employer to pay us 50 percent of our basic salary only and not pay any amount of our allowances that was on our employment contract? Im not quite sure of the legal law regarding allowances. What exactly is the legal law when it comes to allowances that is written on employment contract? Thank you in advance.

Eloisza Member

Member since 08 September 2020

EloiszaMember08 September 2020 16:31:59

Hello everyone, I鈥檝e come to know from a friend of mine that this site is very interesting as it helps a lot people for their queries. I鈥檓 glad I was able to join. Thank you in advance for all the admin that helps Bahrain and other GCC countries troubled residents.

....

I would want to query about my situation in my current employer. As we all know this year has been so tough for everyone due to the pandemic, a lot of businesses were closed for the few months and just starting to re-open now. I鈥檓 working in a private company and now that we are partially reopened, we are still on a half pay. Now my question is.. Is it legal for my employer to pay us 50 percent of our basic salary only and not pay any amount of our allowances that was on our employment contract?

Im not quite sure of the legal law regarding allowances. What exactly is the legal law when it comes to allowances that is written on employment contract?聽 Thank you in advance.

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XTang Bahrain/UAE/KSA Expert

Member since 22 April 2014

XTangBahrain/UAE/KSA Expert08 September 2020 16:42:57

11978

Look, legally, its debatable.

The Labour law does have provisions for salary reduction provided the employee is not able to perform the job for circumstances beyond the employers control. However, in the event of a court case, the discussion becomes fact based and a lot of evidence needs to be provided to establish that fact.

Secondly, you continued working when they reduced it and after the passage of some months, it will appear as that you consented to this reduction. If they made you sign something that's another black mark.

Lastly, you can approach the ministry of labor to file a case but be aware that employer can terminate you without cause provided they pay you the severance pay ie 2 days for every month of service on top of indemnity etc.

I would consult a lawyer as to the merits of your case. I recommend Khalid Khan.

Eloisza Member

Member since 08 September 2020

EloiszaMember08 September 2020 16:58:44

Thank you for your advice.

Just a quick clarification on the provision quoted below, does the word 鈥渨age鈥� means both basic salary and allowances on the contract?

鈥淗owever, if the worker showed up at the workplace and was prevented from executing his work for reasons of force majeure beyond the employer鈥檚 control, the worker shall be entitled to half his wage.鈥�

XTang Bahrain/UAE/KSA Expert

Member since 22 April 2014

XTangBahrain/UAE/KSA Expert08 September 2020 17:03:43

11978

Wage generally means all amounts due to you. There is a confusion in interpretation of labor law between basic salary and total salary but that usually applies on indemnity calculations.聽 In this provision, it can be taken as blanket assumption on your total salary.