How to win employment arbitration? Winning an employment arbitration in the UAE requires a thorough understanding of the law and the legal process, as well as a well-prepared case.
Knowing the key regulations for settling individual labour disputes can increase your chances of success.
In this article, we will discuss how to succeed in employment arbitration in the UAE and the key regulations for settling individual labour disputes.
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Table of Contents
How to Win Employment Arbitration in UAE?
- Know the Law.
Familiarize yourself with the UAE labour law and any relevant regulations or policies.
This will help you understand your rights as an employee, the legal obligations of your employer, and the alternative dispute resolution (ADR) procedure. - Gather Evidence.
Collect all relevant documents, such as your employment contracts in the UAE, salary statements, emails, and any other correspondence with your employer. These documents can serve as evidence to support your labor case procedure. - Seek Legal Advice.
Consult with a qualified lawyer who has experience in employment arbitration cases in the UAE. They can guide you through the legal process, advise you on your rights and obligations, and help you prepare your case. - Prepare Your Case.
Organize your evidence and develop a clear and persuasive argument to support your case. Anticipate any counterarguments your employer may raise and address them in your case. - Attend the Arbitration Hearing.
Attend the hearing and present your case to the arbitrator. Be prepared to answer any questions the arbitrator may have and to present additional evidence if necessary. - Follow Up.
After the hearing, follow up with the arbitrator to ensure that they have all the information they need to make an informed decision. It is also important to comply with any orders or instructions issued by the arbitrator.
Key Regulations for Resolving Individual Labor Disputes UAE.
Resolving individual labour disputes in the UAE is governed by specific regulations crucial for employees and employers to know.
This section provides an overview of the key regulations for settling individual labour disputes in the UAE.
The following regulations guide resolving labour disputes in the UAE:
- Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector.
This law outlines the process for submitting a request to the Ministry to settle disputes between employers and employees or to claim any resulting rights.
Article 54 of this law provides details on the process for submitting a request and the steps that should be taken to resolve the dispute amicably.
- Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Labour Relations.
This resolution outlines the steps that a worker should take if their complaint has been referred to the court by the Ministry of Human Resources and Emiratisation (MoHRE).
Article 31 of the resolution stipulates that the worker should file a case and request an amendment of their employment status while the referred labour dispute is in court.
Additionally, the worker has the right to claim two months’ wages if they continue to work for the employer during the dispute.
- Ministerial Resolution No. 47 of 2022 Regarding the Settlement of Labor Disputes and Complaints Procedures.
This resolution requires every worker whose labour complaint has been referred to the Labor Court to register the complaint with the competent court within 14 days from the date of referral approval.
FAQs About winning an employment arbitration.
Conclusion.
Navigating the regulations for settling individual labour disputes in the UAE can be challenging, but understanding these regulations and seeking legal advice can assist in how to win employment arbitration awards.
Al Mulla is a well-known labour lawyer and legal consultant in the UAE; who has extensive experience handling labour cases.
He can provide legal advice and guidance on how to win employment arbitration in the UAE.
Contact the office of Al Mulla via Whatsapp. Click here. Or visit us at our law firms: Dubai. You can also call us on phone: 00971501961291.
Learn about the Benefits of arbitration for employees and the Best Legal arbitration services.
Also, read about the most Skilled arbitration lawyers near you and the Best Arbitration Attorney Dubai UAE
Furthermore, learn What is employment arbitration.
A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.