Conflicts at work are common worldwide. The United Arab Emirates has become a business hub, creating demand for labour. Expatriates coming to the UAE are unaware of the labour laws. Therefore, the labour and employment lawyers in Dubai come into action to assist the non-nationals. Disputes over unpaid wages, unlawful termination, harassment, or discrimination at work; are resolved by these lawyers. Sometimes, these cases are also filed in the Dubai Labour Court. Under the Federal Decree-Law No. 33 of 2021, every employee can work safely in the UAE.
Role of the Dubai Labour Court
When it comes to labour issues in the UAE, the Dubai Labour Court plays a significant role in ensuring fairness and justice in legal matters for employees and employers. All the verdicts made by the Dubai Labour Court are based on the UAE Labour Law. Therefore, individuals involved in labour disputes should understand the legal mechanisms and procedures to file an employment dispute. The labour and employment lawyers in Dubai can present your case very well in the Dubai Labour Court. MOHRE is supposed to lodge and manage initial complaints before the court phase. The lawyers who are considered experts of UAE Labour Law, are called as Labour and Employment Lawyers.
How Does Dubai Labour Court Work?
Your nationality, caste, or gender does not matter in a labour dispute as long you are an employee in the UAE. The Dubai Labour Court covers issues related to end-of-service gratuity, annual leaves, breach of employment contract, wrongful termination, harassment at the workplace, and compensation for injuries at work.
Process of Filling a Labour Dispute in Dubai?
The labour dispute in Dubai is filed through proper procedure. The employment-related issues are related to unpaid wages, wrongful termination or harassment, and discrimination at work. The following steps can lead to justice in the labour dispute:
- Filing a Complaint with MOHRE
The employee or the employer must talk to the Ministry of Human Resources and Emiritisation before they should file a case in Dubai Labour Court. In this situation, the Ministry is a mediator and the problem can be resolved amicably. One can file the complaint online through the MoHRE portal. They can also connect to their call centre. However, individuals can also visit Tasheel service centre to make a complaint in person. The MoHRE will ensure to resolution of the matter within two weeks.
- Referral to the Labour Court
If the mediation with MOHRE did not work, then the case is referred to the Dubai Labour Court. A referral letter is issued by the MOHRE to take the case to the Dubai Labour Court. The letter is serious proof that shows the attempt made by MoHRE to resolve the matter.
- Submitting the Case to the Court
A First Instance case is filed in Dubai Court while using the referral letter from the MoHRE. It requires documents including; employment contract, emirates ID, passport copies, communications channel, salary slips, power of attorney, and MoHRE referral letter. The labour and employment lawyers in Dubai can help you in preparing documents and represent your case effectively in court.
Procedure in Dubai Labour Court
The Dubai Labour Court has three stages to finalise the decision:
Court of First Instance
Initially, the case is filed the Court known as “Court of First Instance”. Usually, labour disputes are resolved at this stage if the documentation is completed. However, both parties are notified about hearing dates through SMS or online portal. The hearings are held in Arabic but, translators are available. The employment contract, testimonies, and evidence are reviewed by the judge. The matter is resolved within 30-60 days.
Court of Appeal
An appeal can be made by the complainant if they are not satisfied by the decision made by the Court of Instance. The appeal can be made within 15 days in the Court of Appeal. The case is reviewed again and all the legal interpretations are re-examined to ensure justice in the verdict.
Court of Cassation
If the Court of Appeal does not seem helpful to the complainant, then, the case is escalated to the Court of Cassation. It is the last stage where the complainant can try for justice. Whatever is decided by this Court, will be considered the final verdict. The labour and employment lawyers in Dubai play a vital role at this stage.
Legal Costs and Exemptions
The filing of labour cases can be free of cost if the labour dispute is not more than AED 100,000. The court fees are exempted as well filing and hearing are also free of any charges. Importantly you should know that the fees of legal professionals and translator is still applied. The exemption of court fees is only for the employees. Hiring labour and employment lawyers in Dubai for these cases is a great decision as they can help you in making better claims.
How Soon Can You File the Labour Claims?
The labour disputes can be filed within one year from the day a formal complaint was made. If claims are delayed in the labour court, they will be dismissed. The individuals should take action against the labour dispute timely so that they can get justice in the UAE.
Required Documentation
To have justice in your legal matter, as an employee you must submit your employment contract, employment letter, salary slips, proof of getting reconciliation through MoHRE, and any communication channel used to resolve the dispute. The labour and employment lawyers in Dubai can assist you with the paperwork and documents.
Employer Obligations During Proceedings
The employers are obliged to cooperate with the UAE labour courts and authorities. They should not misbehave with the employee and comply with the rules and settlements. Moreover, they will have to give salaries if the employee is still working in the organisation as well, they have to release end-of-service benefits as ordered by the court.The non-compliance in these cases can lead to revoking licenses, labour bans, and blacklisting.
FAQs
In most scenarios, cases of labour disputes are resolved within 30-60 days. If the case has complexities, it can be prolonged.
A legal complaint can be filed without a lawyer, however, the process could be difficult if you do not understand the legal procedures in the UAE. Hiring labour and employment lawyers in Dubai is a better option especially when you are involving the court in your legal dispute.
Losing a case is rare for employees in the UAE. However, you can appeal within 15 days of the court’s decision. The judge will review the case and ensure the legalities of the case. You will have to pay court fees if your claim is above AED 100,000.
The employers cannot revoke your visa if they are involved in a legal dispute. However, the cancellation of the visa is decided by the MoHRE. If the employer does that during the dispute, you can seek legal help.
They assist by filing a MOHRE complaint, presenting evidence in court, negotiating settlements, and securing enforcement of wage payments through legal channels.