Within the dynamic realm of the UAE, resolving employee employer disputes has encountered significant regulatory shifts.
Recent amendments to the UAE Federal Law No. 33 of 2021 bring forth transformative changes to the mediation process overseen by the Ministry of Human Resources and Emiratisation (MoHRE).
These alterations, slated for implementation on January 1, 2024, mark a pivotal moment in adjudicating employment conflicts, especially those valued at less than AED 50,000.
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Steps to Resolve Employee Employer Disputes
- Direct Communication:
Encourage both parties to engage in open and constructive dialogue to address the issues at hand. Direct communication can often lead to mutually acceptable solutions and prevent escalation of conflicts. - Internal Mediation Processes:
Many companies have internal mechanisms, such as HR departments or designated mediators, to facilitate dispute resolution. Encourage using these channels to resolve conflicts internally before seeking external intervention. - Documentation and Evidence Gathering:
Both the employee and the employer should gather relevant documentation and evidence to support their respective positions. This may include employment contracts, emails, performance reviews, and any other relevant correspondence or records. - Mediation through MoHRE:
If internal resolution attempts prove unsuccessful, parties can seek mediation through the Ministry of Human Resources and Emiratisation (MoHRE). The MoHRE provides a platform for impartial mediation and resolution of employment disputes. - Legal Representation:
Consider engaging legal counsel specializing in employment law to provide guidance and representation throughout the mediation process. Experienced legal professionals can help navigate complex legal procedures and protect the rights and interests of both parties. - Compliance with Procedures:
Adhere to the procedures outlined by the MoHRE for dispute resolution. This includes submitting required documents, attending mediation sessions, and complying with any directives issued by the mediator. - Appeal Process:
If either party is dissatisfied with the outcome of the mediation process, they may have the option to file an appeal within the specified timeframe. Understanding the appeal process and adhering to its requirements is crucial for seeking further resolution. - Court Proceedings (if necessary):
In cases where mediation efforts fail to resolve the dispute, parties may resort to legal action through the appropriate judicial channels. This typically involves filing a case with the Labour Court for adjudication.
By following these steps, parties involved in employee-employer disputes can navigate the resolution process effectively and work towards achieving a fair and satisfactory outcome.
Amendment to the mediation process
The amended mediation process extends its purview to disputes involving sums below AED 50,000, encompassing both employers and workers as defined by the UAE Labour Law.
While free zones retain mediation authority, the MoHRE gains jurisdiction over disputes emanating from these zones, signaling a nuanced legal landscape.
Claims Under AED 50,000
Effective January 1, 2024, the MoHRE is empowered to issue final decisions for employee employer disputes valued below AED 50,000.
Furthermore, it holds sway over breaches of settlements mediated previously, irrespective of settlement value.
Noteworthy is the executive weight accorded to MoHRE decisions, streamlining enforcement procedures.
Dissatisfied parties may file appeals within 15 working days, elevating MoHRE decisions to the status of Court of First Instance judgments.
Claims Exceeding AED 50,000
Disputes surpassing AED 50,000 adhere to existing protocols, commencing with MoHRE mediation and escalating to the Labour Court’s Court of First Instance if unresolved.
Updated 19 February 2024
FAQs about employee employer disputes
Conclusion.
The amended UAE Labour Law unveils a nuanced framework for addressing employee-employer disputes.
While the MoHRE assumes a more pivotal role in dispute resolution, procedural nuances and implementation intricacies linger.
Amidst this transformative landscape, seeking legal representation from esteemed firms like Al Mulla Lawyer & Legal Consultant ensures adept navigation and resolution of disputes.
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 Best employment dispute services from Labor Lawyer Dubai and How to win employment arbitration in Dubai UAE.
Also, read about employment law disputes with Best Labor Lawyers Dubai and Mediation process in workplace UAE.
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.