Labour disputes can arise between workers and employers in any workplace. The Ministry of Human Resources and Emiratisation (MOHRE) has set out procedures for resolving such disputes in the UAE.
This article will provide expert Insights on ways of resolving labour disputes in the UAE.
Including the role of the MOHRE, the procedures involved in resolving individual and group labour disputes, and the new changes in the process in 2024.
Office of Al Mulla. Labor Lawyer in Dubai. Whatsapp: Click here. Location: Dubai. Phone: 00971501961291.
Table of Contents
Ways of resolving labour disputes for Individuals
Individual labour disputes in the UAE must be submitted by either the worker or the employer within 30 days of the alleged violation. The MOHRE then takes the necessary actions to settle the dispute amicably.
The complaint will be referred to the court if an amicable settlement is impossible within 14 days. The worker must then register their case in court within 14 days from the date it was referred to the court.
While the case is being heard, the worker can obtain a temporary permit and not work for other employers unless a work permit is obtained from the MOHRE.
If the working relationship is terminated, the worker must submit a request to cancel the original work permit within 14 days from the issuance of the final ruling.
Procedures for Resolving Group Labour Disputes
In the case of a group labour dispute in the UAE, workers choose three to five people to represent them. The MOHRE then takes the necessary actions to settle the dispute amicably within 30 days.
If an amicable settlement is not possible and both parties do not show up, the dispute is referred to the Collective Labour Disputes Committee, which then issues the necessary decision.
If the workers’ claim is correct, the MOHRE takes action, including liquidating bank guarantees and stopping the issuance of work permits to the employer.
Changes in the Process of Resolving Labor Disputes
“Federal Decree-Law No. 20 of 2023” has significantly altered the ways of resolving labour disputes, reshaping how the country handles and resolves disputes.
Here’s a summary to help you navigate these changes effectively:
Empowered Role of MOHRE:
The Ministry of Human Resources and Emiratization (MOHRE) now holds enhanced authority in resolving disputes valued below AED 50,000.
This means that many disputes can now be settled through MOHRE’s intervention, offering a more streamlined and cost-effective resolution process.
Legal Significance of MOHRE’s Decisions:
It’s essential to understand that decisions made by MOHRE carry the same legal weight as judgments issued by local courts.
This underscores the importance of adhering to MOHRE’s rulings and engaging proactively in the resolution process.
Appeal Process:
Should you disagree with MOHRE’s decisions, you can appeal directly to the Court of Appeal within 15 days. This avenue allows further review and potential reversal of unfavourable decisions.
Salary Continuation Mandate:
MOHRE has the authority to mandate employers to continue paying employees’ salaries for up to two months during disputes, mitigating financial hardships that may arise during the resolution process.
Preventative Measures Against Collective Disputes:
The Minister has been empowered to enact measures to prevent individual disputes from escalating into larger collective conflicts.
Understanding these preventive measures can help safeguard your interests and minimize risks.
Implementation Challenges: While the changes bring promising improvements to the dispute resolution process, challenges regarding procedural clarity and the absence of experienced judges may arise.
It’s important to stay informed and proactive in addressing any challenges that may arise during the resolution process.
Updated 19 February 2024
FAQs about ways of resolving labour disputes.
Conclusion.
In conclusion, the UAE has established clear procedures for resolving labour disputes, including individual and group disputes. The MOHRE plays a vital role in settling disputes amicably and if necessary, referring cases to court.
Hiring a labour lawyer for employment disputes is crucial to ensure parties receive expert legal advice and representation.
Al Mulla Labour Lawyer & Legal Consultant is the best lawyer for labour disputes cases in the UAE, and his expertise and experience in labour law make him the go-to lawyer for clients involved in employment 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 employment law disputes with the Best labour lawyer in Dubai and read about employment arbitration in Dubai.
Also, read about the Benefits of arbitration for employees in the 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.
