UAE: Will my salary be affected if I file a labour complaint?
How you can get paid, apply for new job during a labour case
Dubai: If you have filed a labour complaint against your employer, can you continue working for them? And how can you switch jobs if the case is still in court?
In its monthly magazine, ‘Labour Market’, the Ministry of Human Resources and Emiratisation (MOHRE) provided a detailed breakdown of the process that is followed by the Ministry when an employer or employee registers a case with them.
In the June edition of the magazine, MOHRE listed out the steps and mentioned two factors that employees who file a labour complaint should keep in mind:
1. All employees whose complaints are referred to the court must register their case and promptly amend their status in the country.
2. Employees are entitled to claim two months' wages if they continue to work during the proceedings of the labour dispute that was referred to the court. In this case, MOHRE may compel the employers to pay those wages or refer the complaint in this regard to court.
1. If an employer or an employee, or an eligible party on their behalf, dispute over any of the rights accrued to them in accordance with the Federal Decree-Law Regarding the Regulation of Employment Relationships, they must file a claim with MOHRE. The latter will then examine the claim and take the steps it deems necessary to settle the dispute amicably between the relevant parties.
2. If an amicable settlement is not possible, MOHRE will refer the dispute to the competent court within 14 days from the date the claim was filed, and the referral shall be accompanied by a memorandum that summarises the dispute, both parties' arguments, and MOHRE's recommendations.
3. All employees whose complaints are referred to the court must register their case and promptly amend their status in the country.
Employees are entitled to claim two months' wages if they continue to work during the proceedings of the labour dispute that was referred to the court. In this case, MOHRE may compel the employers to pay those wages or refer the complaint in this regard to court.
Source: Labour Market Magazine, June edition, MOHRE
How your salary may be affected
According to Imran Khan, Advocate and Legal Consultant at Bin Eid Advocates, a work relationship is technically suspended during the time of the labour complaint.
“The employment relationship is suspended during the time period of the proceedings of the individual dispute and the employer is not liable to pay the worker's wage. Meanwhile, if the worker does the work, he or she can claim a salary for a maximum of two months under this law,” Khan said.
“Article 54 (3) of UAE Labor Law – Federal Decree Law No. 33 of 2021 – mentioned that two months’ wages can be ordered to be paid, despite the dispute causing the suspension of the worker’s wages according to the Implementing Regulation,” Khan added.
The employment relationship is suspended during the time period of the proceedings of the individual dispute and the employer is not liable to pay the worker's wage. Meanwhile, if the worker does the work, he or she can claim a salary for a maximum of two months under this law.
This right is also stated in Article 31 (4) of Cabinet Resolution No. 1 of 2022.
So, while you are entitled to receive your salary for all the days that you have worked for the employer, up to a maximum of two months, it is also important to understand your rights as a worker and how you can ensure that you do not violate any labour or residency laws while your case is in court.
How to file a labour complaint
According to Hari Wadhwana, an Associate at Dubai-based law firm OGH, the process of filing a labour complaint with MOHRE would vary a little depending on whether an employee is working with a free zone mainland company.
“For employees of a free zone entity, the employee would need to approach the relevant free zone labour department. The said labour department will then refer the dispute to MOHRE. Employees working with a mainland company can file a labour complaint by calling on the MOHRE helpline – 600590000, MOHRE smartphone application or by registering the complaint on MOHRE’s website,” Wadhwana said.
Which documents do I need to provide?
According to Wadhwana, while the documents required to register your complaint may differ depending on each case, there are some documents that you would be required to provide, regardless of what the case is:
• Passport and Emirates ID copy of the employee
• Labour contract registered with MOHRE or free zone
• Resignation or termination letter (if applicable)
• Any other document based on which the employee wishes to complain, like bank statements to show non-payment of salary, correspondences which would potentially evidence breach of Labour Law etc.
Article 17 (4) of the Cabinet Resolution No. 1 of 2022 permits MOHRE to cancel employee’s work permit to allow the employee to work in another company. Additionally, Article 4 and 5 of Ministerial Resolution No. 47 of 2022 provides that upon certain conditions, MOHRE could cancel employee’s work permit or visa. Once this is done, the employee must undertake alternate visa and permit, to ensure not to incur fines and his stay in UAE is legal.
What if my employer fires me?
Article 31 (4) of the Cabinet Resolution 1 of 2022 states that the employee will have a right to claim two months’ salary if he continues to work for the company while the labour complaint is referred to court.
“The employee can continue working for the company and if the company terminates the employee for filing a labour complaint – and eventually the labour complaint is successful in favour of the employee – the employee stands to claim compensation not exceeding three months’ salary, as per Article 47 of the Labour Law,” Wadhwana said.
2. The employer shall pay fair compensation to the worker estimated by the competent court if it is proven that the termination is unlawful according to Clause (1) of this Article. The amount of compensation shall be defined by taking into account the work type and the amount of damage caused to the worker and his service term. It is required in all cases that the amount of compensation does not exceed the worker’s wage for a period of three months, calculated according to the last wage he was obtaining.
3. The provisions of Clause (2) of this Article shall not prejudice the right of the worker to obtain a notice period allowance and end of service benefits payable to him, in accordance with the provisions hereof.
So, an employee is entitled to his or her salary until his last working day, regardless of whether they were terminated or they resigned, according to Wadhwana.
Can I apply for another job during an ongoing labour case?
The procedure for labour complaints published by MOHRE also refers to the need for employees to promptly register a labour case once it is referred to court. This is to ensure that, if needed, the employee can look for a new job and ensure that he or she has a valid visa.
“Article 17 (4) of the Cabinet Resolution No. 1 of 2022 permits MOHRE to cancel employee’s work permit to allow the employee to work in another company. Additionally, Article 4 and 5 of Ministerial Resolution No. 47 of 2022 provides that upon certain conditions, MOHRE could cancel employee’s work permit or visa. Once this is done, the employee must undertake alternate visa and permit, to ensure not to incur fines and his stay in UAE is legal,” Wadhwana said.
The work permit or visa could be cancelled by MOHRE on the following basis, according to Wadhwana:
• It has been more than six months since filing of labour complaint.
• Upon request by the employee after filing of labour complaint (not applicable if the employee is under investigation for criminal action related to employment).
Once your work permit is cancelled, you can apply for a new job with another employer.