The UAE legislature has meticulously structured the labor relationship between employees and employers to ensure a balance of rights and obligations. The UAE Labor Law and its amendments establish important legal frameworks aimed at attracting a global workforce to the UAE market. One of the primary rights of workers is the ability to file a complaint to MoHRE, as outlined in this guide provided by top labor lawyers in the UAE.
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Competent Authority for Labor Disputes in the UAE
The UAE has made significant legislative advancements regarding labor disputes, particularly with Federal Decree Law No. 20 of 2023, which amends some provisions of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relationship.
Key legislative changes include the requirement for employees or employers to submit a request to the Ministry for resolving labor disputes before approaching the labor courts. This aims to streamline the resolution process and reduce the caseload of labor courts. Notably, if the claim amount is less than AED 50,000, the Ministry of Human Resources and Emiratisation (MoHRE) can issue a final decision.
Therefore, the competent authority for labor disputes is as follows:
- Claims under AED 50,000: Resolved by MOHRE with a final decision.
- Claims over AED 50,000: Must be submitted to MOHRE for an attempt at amicable resolution; failing which, the case is referred to the labor court.
Conditions for Filing a Labor Complaint in the UAE
Filing a labor complaint requires meeting general legal conditions:
- Standing: The complaint must be filed by the worker against the employer, by the employer against the worker, or by the lawyer of either party.
- Capacity: The complaint must be filed by a qualified individual. If filed by the employer, it must be done by an authorized person as per the commercial register or the employer’s establishment bylaws.
- Interest: There must be a genuine interest in filing the complaint. The complaint should not be malicious or without benefit to the plaintiff.
- Timeliness: The complaint must be filed within one year from the date the claimed right is due.
- Preliminary Administrative Resolution: The labor dispute must first be submitted to MoHRE for an amicable resolution. If unsuccessful, the case is referred to the labor court.
Required Documents for Filing a Labor Complaint
To file a labor complaint , the following documents are typically required:
- The employment contract between the worker and the employer.
- The company’s internal regulations, detailing labor rights, wages, bonuses, and leave policies.
- Any documents evidencing a breach of obligations by either party.
If MoHRE fails to achieve an amicable settlement, the complaint is forwarded to the labor court with a summary and recommendations.
Process After Filing a Labor Complaint
The process for labor disputes under Federal Decree Law No. 20 of 2023 is as follows:
- The lawsuit is first submitted to MoHRE by the worker or employer concerning rights arising from the UAE Labor Law.
- MoHRE reviews the lawsuit and attempts to resolve the dispute amicably. If an amicable resolution is reached, a settlement agreement is documented.
- MoHRE can issue a final decision if the claim amount is less than AED 50,000 or if an amicable settlement is reached but one party fails to comply.
- MoHRE must resolve the dispute amicably within 14 working days of receiving the complaint. If unsuccessful, the case is referred to the competent labor court.
- During the dispute, MoHRE may require the employer to continue paying the worker’s wages for up to two months if the dispute leads to a wage suspension.
- The labor court must set a hearing date within three working days of receiving the case from MoHRE and resolve the case promptly.
Tips for Ensuring a Smooth Labor Complaint Process
Our specialized labor lawyers offer the following advice for both workers and employers to ensure a smooth legal process:
For Workers:
Before filing a complaint, workers should confirm their entitlement to the claimed labor rights. Consulting a specialized labor lawyer can help evaluate the merits of the case.
For Employers:
Employers should ensure that all legal aspects of the case are thoroughly reviewed before filing a complaint or responding to one. Their defense should be supported by the employment contract, internal regulations, and the UAE Labor Law provisions.
For expert legal assistance, our team of specialized labor lawyers is available via the WhatsApp button at the bottom of the screen.
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Sources:
Federal Decree-Law No. 20 of 2023
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Senior Legal Consultant with extensive experience in providing specialized legal advice in various fields within the United Arab Emirates. He specializes in commercial, criminal and personal status law cases, and works on representing individuals and companies in complex cases and legal disputes.