If you work long hours without being paid overtime or if your worker has unfairly demoted you, you can complain to the Ministry of Human Resources and Emiratization (MOHRE). MOHRE manages and regulates workers and employees in the UAE and any discussion between the 2 pieces can be escalated with the authority for a solution based on the Labour law in Dubai.
In this article, we will explain how to file a complaint regarding labor issues in Dubai. If you want to file a complaint against your employer, these are the steps you should take.
- How does the Dubai Guild Court work?
- When is the right time to start an employment law case?
- How do I know if I should make a complaint?
- What are the steps to file a worker complaint?
- Method to file union incrimination
- More ways to file a complaint regarding labor issues in Dubai
- How can we help you obtain more information about how to file a complaint regarding labor issues?
1. How does the Dubai Guild Court work?
The Dubai Guild Court is an element of the Dubai Courts and deals with each and every question arising from labour law in Dubai as well as in each of the free regions except the DIFC (Dubai World Financial Center).
Legal occupations in connection with labor disputes are costly, time-consuming, and exhausting for each of the parties. However, if an amicable conclusion cannot be reached, either person of the pieces can start legal activities against the other. Such matters are handled in Dubai, at the Dubai Guild Court, which is overseen by the UAE’s MOHRE (Ministry of Human Resources and Emiratisation).
If an amicable settlement cannot be achieved, the Center will prepare an Assertion of Allegations and submit it electronically to the Dubai Guild Court, along with supporting documentation, within two weeks of receipt of the request. This will include a synopsis of the disagreement, the evidence provided by the two pieces, and the Department’s comments.
Within 3 days of receiving the union case, the Dubai Court will schedule a hearing and inform the two parties. Before the methods begin, the Court may also request that the Department’s representation clarify the content of its summary.
1.1 Dubai Labor Court fees
If an employer files a lawsuit according to the labour law in Dubai, they should pay the court costs regardless of what happens with the situation. Generally, the court fee is 5% of the total portion claimed. Employees remain free from court costs if they file a lawsuit. If the amount under discussion exceeds the regular cost, in addition, you are legally obliged to pay 5% in addition.
Once a final election is issued, each court fee must be paid. Such costs will be listed in the judgment at the judgment and must be finally offered in the case. Presenting and fighting cases in front of the Dubai Guild Court can be costly for both parties. Before starting the litigation, it is advisable to take this component into account.
1.2 Judicial methods
The Dubai Guild Court conducts each session of the labour law in Dubai in Arabic. Only in exceptional cases, there is the presentation of witnesses.
The Dubai Guild Court commonly handles cases without challenging parties who comment at a hearing. On their site, each party should post written pleadings, containing documented evidence such as employment contracts, communication between litigants, and bank statements.
All documents submitted to the court must be in Arabic or written in Arabic by a translator approved by the Emirates Ministry of Justice.
1.3 Duration and judgment
The duration of legal proceedings is in place by various components. Including the complexity of the case, the accessibility of each of the pieces, and the active workload of the court.
The Dubai Guild Court Remote Litigation Service enables more instant resolution of labor disputes with a lower claim cost. Through the use of electronic communication, the two parties have the possibility to attend the sessions of a single judge, and they deliver the election often within 24 hours.
1.4 Representation by lawyers
Although the litigation is not substantive in front of the Court of First Instance, many parties seek professional legal guidance if they are not fluent in Arabic or will not stick with Arabic legal terminology.
Consulting a law firm is also effective in collecting and reviewing all documentary evidence, as well as in modifying or changing positions as the claim progresses.
In Dubai, it is important to have the best representation once we talk about law firms. Be sure to hire a law firm that has a positive experience handling cases similar to the one you will be dealing with.
Only Emirati lawyers and qualified lawyers from other Arab territories have access to the courtroom.
2. When is the right time to start an employment law case?
The legal term to expose and litigate a case is only one year. Employees who want to start a claim against their employers have to do so within a year. After a year, their claim will be withdrawn and they will be left with nothing.
If someone is doing a job with an indefinite contract in an organization and thinks that they did not give them all their rights, it is their responsibility in the beginning. This is because, before leaving the organization, employees have to verify each of the compensation they deserve after leaving.
The employees have to be aware of what was mentioned in their final consensus and what they would get after their work. They have to check them 2 times before resigning from the job site. Also, before signing the written consent that guarantees that they get everything they deserve.
If an employee thinks that the benefits specified in the consensus are incorrect, they should notify their employer. If the employer objects to the established awards, it can file a complaint with the MOHRE. Occasionally this might take them to the guild court in Dubai.
3. How do I know if I should make a complaint?
Expats need to know the best time to make a complaint. Raw treatment does not exactly require taking it off the job. Going to the Dubai Guild Court should be the last resort in cases where no agreement is reached.
It is for this reason that the Emirates Guild Law includes a part that suggests when an employee should start to present the request.
3.1 Payment inconveniences
The most frequent reasons for discussion between employers and employees have to do with money. Sometimes the paycheck is late over and over again. Employees who work significantly more than 9 hours each day without extra pay. Or despite consummating with each of the conditions, including the due resignation or termination of the contract, will not be subject to compensation of gratification.
In each of those situations, the worker can present an indictment against his employers. The Dubai Union Court will deal with the inconveniences because the worker is directly breaking the law.
Employees also need to be wary of workers who expect their workers to pay every fee in connection with the job, such as work papers or green card visas. The Labour Law in Dubai establishes that those prices are continuously paid by the employee. They never have the possibility to charge their workers for this.
3.2 Licensing drawbacks
Certain employees prevent their workers from taking annual leave or breaks throughout the holidays, and that is illegal. Employees have the possibility to present a union case in the Dubai court to solve this problem. In addition, it could be aware of the situation that consumers deny maternity leave to pregnant ladies. In any of those cases, it will be breaking the law.
The new union legislation in the United Arab Emirates has predetermined specific situations to request a legal license. In addition, it is advisable how the vacation salary has its calculation. Everyone should use read, understand and exercise the new regulations of the UAE.
4. Method to file a complaint regarding labor issue in Dubai
Based on Article 6 of the UAE Union Law, this is how the Ministry handles labor complaints:
- Labor dispute claims must be made to the Ministry of Human Resources and Emiratization.
- The department of Twa-fouq in question will call both parties into the discussion and will take the measures that it considers essential to settle the discussion amicably. In this period, the pieces will not remain forced to admit the arrangement.
- If an amicable settlement is not possible, the department should, within two weeks from the date of receipt of the request, refer the problem to the corresponding Labor Court.
- The situation should be accompanied by a memorandum summarizing the controversy, the proofs of the two pieces, and the comments of the labor department involved.
- The competent court, within 3 days from the date of receipt of the request, will set a hearing for the claim and will notify both parties.
- The court may request that a representative of the department of labor appear and explain the content of the memorandum submitted by him. The court will then make its judgment on the matter.
5. More ways to file a complaint regarding labor issue
5.1 MoHRE Call Center
The first thing you can do is call MoHRE at their toll official phone number. A contact center representative will answer your questions and ask you about your problem.
If the representative cannot solve your problem immediately, they will send you to the Complaints and Guidance Department. Your appeal will be closed after the department has resolved the issue.
If the department does not resolve your problem, it will become an official complaint.
5.2 MoHRE online service for complaints
In addition to the MoHRE contact center, you can make a complaint using their online complaint service. This service is available for both workers and employers. If you choose this choice, in other words, what you have to do.
Go to their website and enter the Labor Complaints option, then start the service. This will send you a sequence of questions that should end with your case information. After sending all that, you should wait at least 10 days for them to respond.
Both possibilities are part of the digital revolution that we are all facing. Now it is easier to do this UAE Labor Court process, without having to move from home. However, you should constantly be aware of Internet laws and regulations as well as the Labour law in Dubai. Facing a sanction for defamation online is just as serious as the common type. It’s nothing to play with.
5.3 Tasheel Service Centers
If you are more inclined to see individuals face to face, you can also go directly to Tasheel Service Centers. There, you will present the situation against your employer. However, you should remember several things if you choose this alternative.
Keep in mind to bring all your documentation, including your employment contract. You should also bring your work permit and visa, so they can check your status. Remember that you will have to provide all your contact information.
You will have 2 days after filing a complaint to try to resolve your dispute.
6. How can we help you obtain more information about how to file a complaint regarding labor issue?
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- Saudi Arabia.
- United Arab Emirates.
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Thus, if you feel your organization requires a partner like PEO Middle East, please contact us via email: [email protected]. We also have the staff to assist you and provide you with any information you need if you call us at +971 43 316 688.
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