In the United Arab Emirates, the rights and obligations of both employers and employees are safeguarded by the Labour Law. However, there are instances when these rights may be breached, leading to conflicts and disputes. In such situations, it is crucial for the affected party to take action and seek resolution through the appropriate channels.
According to the UAE’s Ministry of Human Resources and Emiratisation (MoHRE), any party to an employment contract, whether it’s the employer, employee, or the employee’s beneficiary, has the right to file a complaint with MoHRE in the event of a breach of contractual terms or violation of their rights as outlined in the Labour Law. This complaint serves as a formal means to bring attention to the grievances and initiate the dispute resolution process.
However, it’s important to note that there is a time limitation for filing such claims. No claim for any rights due will be heard if brought up after one year from the date of the violation. Therefore, it is crucial for both employers and employees to be proactive and address any issues promptly to ensure their rights are protected.
If the dispute cannot be resolved at this level, it is then referred to the courts within two weeks of submission of the complaint. When a labour dispute escalates to the court level, the employee facing the issue has the option to apply for a temporary work permit from MoHRE. This permit allows them to work with another employer until the dispute is resolved. This provision aims to provide some level of financial stability and continuity for the employee during the dispute resolution process.
This article will explore the processes involved in handling labor disputes in the UAE and the steps that employers and employees can take to ensure a fair and just resolution.
Laws Governing Labour Complaints in the UAE
A robust legal framework exists in the UAE to protect the rights and interests of both employers and employees. When disputes or grievances arise in the workplace, it is essential to understand the laws and regulations governing the resolution of labour complaints. Several key laws provide the foundation for addressing these issues, including Federal Decree Law No. 33 of 2021, Cabinet Resolution No. 1 of 2022, and Ministerial Resolution No. 47 of 2022. Together, these laws establish a comprehensive system for handling labour disputes and ensuring fair and equitable resolution.
Filing a Complaint
The labor court in the UAE has two circuits, the minor and major circuits. The minor circuit deals with cases worth less than AED 100,000 including counter cases, regardless of their value. On the other hand, the major circuit deals with cases valued at more than AED 100,000 also including counter cases regardless of their value. The major circuit is presided over by three judges led by one judge.
Once a complaint is filed, the court holds a meeting within three days to review and consider the claim from both parties. In some cases, the court may summon a representative from the labor department to investigate further. After this, a notice is sent to both parties informing them of the next steps.
In conclusion, labor disputes can be a complicated and stressful process for both employers and employees. However, the UAE labor law has established clear procedures for resolving these disputes through the labor department and courts. It is important for both parties to follow these procedures and seek legal counsel if necessary to ensure a fair and just resolution to the dispute.
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