The UAE, with its diverse population, boasts a skilled labor force governed by strict regulations to protect the rights of both employees and employers and systemize issues like wages, working hours, discrimination prevention, and overall protection of rights.
As it is in most fields, disputes may arise between employees and employers, and the UAE has set various rules and regulations under the Labour Law and through the Ministry of Human Resources and Emiratisation (MoHRE). In this article, we will dive deep into common employment disputes in Dubai and the available legal options for resolution.
Unpaid or Delayed Salaries Disputes
According to the UAE labor law, employers are obligated to pay their employees the agreed salary on time and without delay. Disputes arise when employers do not abide by this law for any reason. In case the establishment fails to pay wages on time, employees can file an official confidential complaint to MoHRE who can then take actionable steps towards resolving the issue and ensuring that employees receive their due compensation.
Termination Without Notice
Under Article 44 of the UAE labor law, an employer may terminate the services of the employee without notice under specific circumstances such as adopting a false identity submitting forged documents, committing an error causing substantial material loss to the employer, violating instructions concerning the safety of the workers and the place of business despite receiving clear instructions, failing to perform basic duties under the employment contract despite being warned, coming into work under the influence of alcohol or prohibited drugs, committing actions breaching the public morals of the workplace, assaulting colleagues, not attending to duties without a lawful excuse for more than 20 intermittent days or 7 consecutive days during one year, joining another establishment without abiding by the rules and procedures in this regard, or exploitation.
Under Article 47 of the UAE labor law, the employee can file an official complaint to MoHRE against the employer in the case of arbitrary dismissal, who will attempt to settle the case amicably. If no conclusion is reached, the case will be referred to the respective court. The results of the case, if arbitrary dismissal was proven, include compensation paid to the employee, which must not exceed the wage of the employee for three months, calculated based on the last wage the employee received. Additionally, any unpaid dues such as gratuity will be given to the employee.
Discrimination, Harassment, and Unfair Treatment
Harassment and discrimination are taken very seriously in the UAE, and forced labour and discrimination based on gender, race, color, sex, religion, national or social origin, or disability is prohibited under the new UAE Labour Law, which came into effect on February 2, 2022. Article 14 of the new law states: “Sexual harassment, bullying or any verbal, physical or psychological violence committed against the worker by the employer, his superiors at work, colleagues or the persons who work with him, are prohibited.” The most important thing to remember if you face harassment or discrimination is to keep a clear record and documentation of the incident, which then can be submitted to the company’s human resources department. If no action is taken, an official complaint can be submitted to MoHRE.
Other labor disputes include overtime and working hours, disputes over gratuity, inadequate health and safety measures, and breach of contract. There are many things employees can do to make sure they are protected under the UAE labor law, below are a few steps:
Understand Your Rights:
Acquaint yourself with your rights and duties under the UAE labor law. Numerous online resources can help in familiarizing yourself with these regulations. Additionally, if you have specific inquiries or concerns, you can contact the Ministry of Human Resources and Emiratisation (MoHRE) via phone, email, or live chat.
Document and Keep Records:
Make sure you have the necessary documents to substantiate your claim in the event of a dispute. Maintain a comprehensive record of all communications with your employer regarding the grievance to strengthen your case.
Reach Out to the Concerned Entities:
If you encounter issues, don’t hesitate to reach out to the relevant authorities or entities. Timely communication and reporting can play a crucial role in resolving disputes effectively.
If you have any questions regarding labour laws, or would like to learn more about your rights, contact us to get more personalized advice and information.
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