In case of any inconvenience, you can make your complaints and obtain a MOHRE complaint number according to labor law.This law determines which are the reasons for which an employee or employer can file these complaints. Although there may be a prior agreement between the parties, in extreme cases the courts will make the final decision.
In this article, you will learn about this type of report, when to file it, and how it is resolved. In addition, you will know how to check labour complaint status to find out if there is already a solution. Let us see:
1. When to file a labour complaint?
2. What is the Ministry of Labour complaint process UAE?
3. How to check complaint status in MOHRE?
4. Resolution of a labour complaint by the Twafouq
5. Regulations regarding a UAE labor complaint
6. PEO Middle East helps you resolve and find out the labour complaint status
1. When to file a labour complaint?
Under the new UAE Labor Law, workers have a wide range of rights that employers must respect. Thus, workers can denounce an employer in case they violate some of the rights established in Federal Law No. 8 of 1980. Therefore, an employee can file labour complaints in any of the following cases:
- You do not receive your salary or salary certificate in the UAE in the time stipulated by law.
- An unsafe workplace.
- The employer does not allow you to take annual or holiday vacation.
- The employer forces the employee to work beyond the hours allowed by law.
- Employees do not receive maternity leave.
- The employee must pay the costs of the work visa.
- You do not receive the tip payment after the termination of the contract, even when you have regulatory time in the company.
- You do not receive the grace period after the termination of the employment contract.
- The employer retains the passport of the worker.
All the reasons mentioned are valid to file a complaint with the Ministry of Human Resources and Emiratization. In this sense, once you establish the complaint, you will receive a MOHRE complaint number so that you can follow up on it.
2. What is the Ministry of Labour complaint process UAE?
There are several ways you can file a UAE labor complaint with the Ministry of Human Resources and Emiratization (MOHRE). Each of these methods can be carried out at your convenience since they are all transparent. In addition, when presenting the complaint, MOHRE carries out the corresponding investigations to try to solve the situation.
2.1 Call the MOHRE center
One of the easiest methods to make a MOHRE labour complaint is through the number of the minister, 80060. In this way, a customer service representative will attend to you to find out the information about the complaint. It may happen that your complaint cannot be dealt with at the moment but it will be forwarded to the Complaints and Advice Department.
In this case, two possible scenarios may occur once the complaint has been filed by this means:
- If the case can be resolved immediately, it is closed.
- If there cannot be an immediate resolution, they will help you make a formal complaint.
In the latter case, you will have to go through a judicial process to resolve the labor complaint UAE in court.
2.2 Ministry of Labour UAE complaints online
MOHRE has both a web page, as well as a mobile application in which you can make your complaint. In this case, you will receive a MOHRE complaint number to find out how your report is progressing. To do this process you must carry out the following steps:
- Enter the official MOHRE website or download the mobile application.
- Select the labour complaints registration option.
- Then select “Start Service”.
- Next, you will need to choose the type of complaint you wish to file.
- At this point you must enter the following data:
- Applicant Type.
- Work permit number.
- Unified number.
- You will then need to provide the details of your complaint.
- Send the application.
After you have completed the above steps, your complaint is transferred to a Twafouq center to begin processing. In addition, you will receive a call from a representative of the center within three days of the complaint. Remember to properly store the MOHRE complaint number to check its status.
2.3 Twafouq service centers
These service centers are authorized to receive the Ministry of Labour Dubai complaints and other emirates. Moreover, it carries out the corresponding investigations, makes recommendations, and seeks a satisfactory solution. However, if he does not find a workable solution, he will forward the complaint to the court.
Twafouq centers also provide legal advice and can answer your questions about employment relationships. If a solution is not found within 15 days, the labour complaint is sent to the labor court.
2.4 UAE labor courts
As part of the referral of the MOHRE complaint to the courts, the Twafouq sends a summary of the labor dispute. The memorandum includes the evidence presented by the parties and the comments of MOHRE. In this case, the Employment Tribunal will set a date for the hearing within the first 72 hours after receiving the application.
In addition, a representative of the labor department can explain the details of the case at the request of the court. After the hearing, the body will issue a final resolution on the labour complaint Dubai or any emirate.
3. How to check complaint status in MOHRE?
Carrying out the MOHRE complaint status check after making the complaint is very simple. The Ministry of Human Resources and Emiratization allows you to know the status from its website. Therefore, you only have to follow the steps that we indicate below:
- Enter the official MOHRE website.
- In the corresponding section, enter the MOHRE complaint number.
- Select “Send”.
Once you have completed the steps, you will be able to check what the MOHRE complaint status is at the moment.
4. Resolution of a labour complaint by the Twafouq
After making the report and obtaining the MOHRE complaint number, you will receive an SMS from Twafouq. Both parties receive the message so that they can discuss the situation and reach a consensual agreement. However, if that does not happen, the Twafouq will contact both parties to visit the center and carry out an investigation.
In this case, both the employer and the Dubai 1099 employee or any other type of employee can know the information about their appointment by giving the UAE labour complaint number. In this way, a meeting is scheduled which both parties must attend at the assigned time.
4.1 Both parties agree to resolve the dispute
This is the easiest way to resolve the Ministry of Labour Dubai complaints or any of the emirates. In this sense, the Twafouq staff requests the cancellation of any debt or agreement in its offices. In addition, the employee and the employer will receive confirmation and the case will be closed.
4.2 There is no agreement between the parties
If there is no possible agreement between both parties, the complaint is forwarded to the court with the labour complaint number. Here the court is in charge of making the final decision in the case and the Twafouq no longer makes that decision. After the judge issues the verdict in the case, it will be final, unless the parties reach an agreement beforehand.
5. Regulations regarding a UAE labor complaint
The UAE labor law sets the parameters for employees to raise their labor complaints. Hence, it is essential to know these aspects before contacting MOHRE to make a complaint.
5.1 Make the labor complaint UAE in time
Federal Decree-Law No. 33 of 2021 establishes that labor claims made after one year of the transgression will not be heard. Therefore, you must make the complaint at the time of the occurrence of the events for it to be taken into account. Ministerial resolution № 47 of 2022 establishes that the employee has a maximum of 14 days and obtains the MOHRE complaint number.
5.2 Work in another company
The employee can carry out his work in other companies with a work permit from MOHRE while waiting for the resolution. In this case, the MOHRE may cancel the work permit of the employee as per Cabinet Resolution No. 1 of 2022. However, this is only for employees who do not have an unexpected job abandonment claim.
Furthermore, this ministry allows workers to apply for a visa and work permit to maintain the legality of their stay in the UAE. The presentation of the request for cancellation of the visa and the permit must be made by the worker within 14 days of the final resolution. This must be done by the worker if the employment relationship with the company ends.
5.3 Individual complaints
If either party fails to comply with the provisions of the employment contract, the other has the right to file a complaint. According to Decree-Law No. 33 of 2021, this action must be carried out within 30 days of the incident. A complaint can also be filed in case of breaking the law concerning labor relations.
5.4 Settlement of disputes
The ministry will take measures to resolve any complaint within no more than 2 weeks. In this case, you can check the MOHRE complaint status to see if a solution has been reached. However, as we already mentioned, if the ministry is unable to resolve the dispute, it will refer you to the appropriate court.
5.5 Other regulations
The Execution Regulation of Federal Decree-Law No. 33 of 2021 also establishes other regulations regarding these complaints. These have to do with the fees for filing the claim or the types of wage claims. Next, you can see all of them in detail:
- Workers are exempt from grievance resolution fees only in case of grievances for any amount less than AED 100,000. This is stated in article 55 of the UAE Labor Law.
- Workers can file complaints if the employer does not pay them within 15 days after the legal period. This also includes delays for 1 or 2 months in the payment of salary.
- If an employee does not receive overtime pay, they can also file a complaint with MOHRE.
- In the same way, if the employer makes illegal deductions from the salary of the worker, this may file a legal complaint.
Thus, there are several wage-related reasons an employee may file a grievance.
On the other hand, the cost will be 5% if the complaint is greater than AED 10,000, but this percentage will never exceed AED 20,000.
6. PEO Middle East helps you resolve and find out the labour complaint status
Labor complaints can only be made for the reasons stipulated in the labor law of the United Arab Emirates. In addition, you can follow up through the MOHRE complaint number to find out the status of the complaint.Each of these complaints will go to a different stage if there is no immediate solution.
You must have the necessary advice to do the MOHRE complaint tracking easily. For this reason, you can count on our help since we are specialists in all labor issues. In addition, you can count on any of our services because we have the experience in any of the following:
- HR Management
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- Employer of record
- Hire contractors
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- Relocation services
- Hire remote worker
Make your complaint and properly obtain the MOHRE complaint number with our professional advice. Our professionals will answer your call cordially through the number +971 433 16 688 during office hours. In addition, we offer you the opportunity to contact us at [email protected] to ask questions about a labor complaint. Get in touch with us and learn more about what we do!
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