Could I sue my employer in the UAE?
The UAE’s legal system ensures that both employers and employees have avenues to address labour disputes and complaints.
In this article, we’ll explore the process of resolving employment-related conflicts in the UAE, focusing on how to sue an employer.
We’ll also introduce Al Mulla, a trusted lawyer and legal consultant for labour cases in the UAE.
Office of Al Mulla. Whatsapp: Click here. Location: Dubai. Phone: 00971501961291.
Table of Contents
Could I sue my employer? – Best Labor lawyer Dubai in 2023.
In the UAE, labour laws are designed to safeguard the rights of both employers and employees. When disputes arise, both parties can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). Here’s how the process works:
- Filing a Complaint.
If you are in a labour dispute, the first step is to file a complaint with the MoHRE. This step is crucial, as it initiates the resolution process. - Amicable Resolution.
The MoHRE will examine the complaint and strive to settle it amicably between the two parties. Many disputes are successfully resolved at this stage through mediation. - Referral to the Judiciary.
In cases where an amicable resolution is not possible, the dispute will be referred to the judiciary. This step ensures that unresolved conflicts are addressed through legal channels.
Key Responsibilities for Workers.
If your labour complaint goes to the Labour Court, there are specific responsibilities you must adhere to, as per Ministerial Resolution No. 47 of 2022:
- Timely Registration. You must register the labour complaint with the competent court within 14 days of approval for judicial referral.
- Temporary Work Permit. While the case is ongoing, refrain from working for another employer without obtaining a temporary work permit from the ministry.
- Cancellation of Work Permit. In the event of a final judgment in the labour lawsuit resulting in the termination of your work relationship, you must request the cancellation of the original work permit within 14 days.
- Temporary Work Permit with a New Employer. You may apply for a temporary work permit with a new employer during the labour case, except when your previous employer has reported you as absent.
UAE Labour Law Provisions.
The Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector, commonly known as the ‘UAE Labour Law,’ lays out specific provisions for labour disputes:
- Documentation. Labour cases referred to the court must include a memo summarizing the dispute, evidence from both parties, and comments from the relevant labour department.
- Court Hearing. The competent court must schedule a hearing within three days of receiving the request and notify both parties.
- Time Limit. Claims for rights due must be filed within one year from the violation date, as stated in Article 10 of the UAE Labour Law.
- Exemption from Fees. Article 55 of the UAE Labour Law exempts workers or their heirs from paying judicial fees for claims less than Dh100,000 at all stages of litigation and execution.
Why Al Mulla is Your Best Choice.
Regarding labour cases in the UAE, Al Mulla Lawyer & Legal Consultant stands out as a trusted and experienced advocate.
With a deep understanding of UAE labour laws and a commitment to protecting your rights, Al Mulla can provide expert guidance and representation throughout the dispute resolution process.
FAQs about could i sue my employer.
Conclusion.
In the UAE, the legal framework ensures you can address workplace disputes and protect your rights. While suing your employer is possible, the process involves specific steps and responsibilities.
Remember that seeking expert legal advice, such as that provided by Al Mulla, can be instrumental in navigating the complexities of UAE labour law.
Whether you need guidance on resolving a labour dispute or pursuing legal action, you have options to safeguard your rights 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 How to Sue Employer Wrongful Termination in UAE and How to file a lawsuit against employer in UAE Dubai 2023. Also, read How to Sue Company Wrongful Termination in UAE Dubai.
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.