Khaleej Times, Sun, Dec 10, 2023 | Jumada Al-Uola 26, 1445
Dubai: Can employee file case against firm for unpaid extra fuel cost?
Question: I am employed by a mainland Dubai company. My job involves a
lot of travel, for which the company has given me a car with fuel allowance.
However, I end up paying much more on fuel than what's allotted to me. I have
raised this with the company many times but to no avail. Do I have a recourse
Answer: Since you are employed by a mainland company in Dubai, the
provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment
Relations and the provisions of Cabinet Resolution No. 1 of 2022 on the
Implementation of Federal Decree-Law NO. 33 of 2021 Regarding the Regulation of
Employment Relations are applicable.
In the UAE, allowances provided to an employee may be included in the employment
contract of an employee under Article 8 of the Employment read with Article 10
(1) of the Cabinet Resolution No. 1 of 2022, which states, “Subject to the
provisions of Article 8 of the Decree Law:
1. The employment contract should include the name and address of the employer,
the name, nationality and date of birth of the employee, proof of his identity,
his qualification, the job or occupation, the date of work commencement, the
workplace, the working hours, the rest days, the probation period, if any, the
term of the contract, the salary agreed upon including the benefits and
allowances, the annual leave entitlements, the notice period, the procedures for
terminating the employment contract and any other data determined by the
Ministry in order to regulate the relationship between both parties.”
Based on the aforementioned provision of law, it is assumed that your contract
states that the employer shall bear the fuel expenses of the car you drive which
is provided by your employer and is used for the business of the company. In
this case, an employer is to provide the fuel expense.
But if an employer refuses to do so, then you may consider filing a complaint
with the Ministry of Human Resources and Emirtisation (MoHRE) in accordance with
the provisions of Article 54 of the Employment Law read with Article 31 of the
Cabinet Resolution No. 2022. Based on your complaint, the MoHRE will make
efforts to resolve the matter between you and your employer related to the fuel
expenses of your car which is used for the business of the company.
If there is a disagreement between you and your employer, the MoHRE will refer
your complaint to the relevant court in the UAE which has jurisdiction to hear
the matter and the said court shall decide on the matter in accordance with
Article 22(1) of the Employment Law, which states, “Amount or type of salary
shall be determined in the Employment Contract. If such amount or type is not
determined in the Employment Contract, the competent court shall determine the
same as a labour dispute."