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UAE labour law: 4 steps to be taken after filing a labour complaint against an employer

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Staff Writer, TLR

Published on July 14, 2023, 17:41:00

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According government officials UAEs labour laws commit protecting

According to government officials, the UAE's labour laws commit to protecting both employers' and employees' rights. Especially in the event of a labour dispute between the two sides.

Both parties have the right to register a complaint with the Ministry of Human Resources and Emiratisation (MoHRE).

Once a complaint is filed, it will be investigated and peacefully resolved. If the matter cannot be resolved peacefully, it will be taken to the court.

 According to Ministerial Resolution No. 47 of 2022, the following actions must be taken by the employee whose labor complaint has been filed with the Labour Court.

 The Settlement of Labour Disputes and Complaints procedures are as follows:

  1. The worker must file the labor complaint with the appropriate court within 14 days of the referral being approved by the judiciary.
  2. The employee shall not work for another employer unless they obtain a temporary work permit from the government.
  3. In an event where the employment relationship between the two parties is terminated, the employee must file a request to revoke the original work permit within 14 days of the date of issue of the final judgement in the labour litigation.
  4. During the labour case, the employee must apply for a temporary work permit with a new employer, unless they have been reported absent by their employer.

These guidelines by UAE labour laws are only applicable to cases that are unable to be resolved cordially and are referred to the judiciary

If the worker's employment is terminated as a result of the labour complaint, their work permit will be invalidated for six months after the complaint was filed with the labour court in UAE.

“Labour matters submitted to the court must be accompanied by a note including a statement of the disagreement, evidence from both parties, and comments from the relevant labour agency”, states Article 54 of the Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector, known as the 'UAE Labour Law.

The court will schedule a hearing for the claim and inform both parties within three days of receiving the request.

Article 10 states that no claim for any rights owed will be heard beyond one year from the date of the breach.

For any enquiries or information, contact ask@tlr.ae or call us on +971526443004

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