Insulted by your boss or manager? Here are your rights as per the UAE’s laws
Harassment, defamation and intimidation are against the UAE’s Labour Law and penal code
Dubai: Ever had to face verbal abuse or intimidation from another person? Whether it is your boss at work or an acquaintance at a party, it is important to know that the UAE’s laws clearly penalise such behaviour. The UAE has strong laws in place to protect employees from unfair treatment, ensuring a safe and secure work environment. Even outside the office, people in the UAE are protected and guaranteed a tolerant and respectful place to live in.
So, what can you do if you are subjected to bullying or harassment in the office or outside?
Know your rights: What is considered workplace abuse in the UAE?
Gulf News spoke with Dr Ibrahim Al Banna, CEO of Ibrahim Al Banna Advocates and Legal Consultants, who highlighted how the UAE’s Labour Law, Federal Decree-Law No. 33 of 2021, provides details of all the different types of behaviours that are unacceptable in the workplace.
“The UAE Labour Law provides a robust framework for protecting employees from various forms of unfair treatment, ensuring a safe and respectful workplace environment,” he said
Here are some of the actions that are clearly against the UAE’s Labour Law:
• Harassment: Any unwelcome behaviour that creates a hostile or intimidating work environment is prohibited. This includes physical, verbal, and non-verbal actions that are offensive.
• Discrimination: Employees are protected from discrimination based on race, colour, sex, religion, nationality, social origin, or disability. Employers must treat all employees equally in terms of employment conditions and opportunities.
• Slander and defamation: Defamatory statements that can harm an employee’s reputation are not tolerated. This includes both written and spoken forms of slander.
• Bullying and intimidation: Any form of bullying, including threats, coercion, or the use of power to intimidate, is not acceptable.
• Retaliation: Employees are protected from retaliation if they report any form of misconduct or cooperate with investigations regarding workplace issues.
What should I do if I am facing these issues?
- When to report to HR:
“If you face any form of harassment, discrimination, or unfair treatment, the first step is usually to report it to your immediate supervisor or the Human Resources (HR) department. Document the incidents with as much detail as possible, including dates, times, witnesses, and the nature of the behavior,” Dr Al Banna said.
• Formal complaint: Submit a formal written complaint to your HR department. Include all relevant details and any supporting documentation.
• Follow up: Request a timeline for when you can expect a response and the steps that will be taken to address the issue. Follow up if you do not receive a timely response.
- When to report to police
“If the behaviour constitutes a criminal offence, such as physical assault or severe threats, it is advisable to report the incident directly to the police. The UAE takes such matters seriously, and law enforcement will take appropriate action,” he added.
• Provide testimony: You may need to provide a statement or testimony regarding the incident.
If the behaviour constitutes a criminal offence, such as physical assault or severe threats, it is advisable to report the incident directly to the police. The UAE takes such matters seriously, and law enforcement will take appropriate action.
- When to report to MOHRE
“If internal reporting to HR does not resolve the issue, or if the behaviour is part of a broader pattern of workplace violations, employees can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). This Ministry oversees labour rights and can mediate disputes or take legal action against employers, if necessary,” Dr Al Banna said.
• Mediation and investigation: MOHRE will typically try to mediate the issue between the employee and the employer. If mediation fails, they may conduct an investigation and take legal action if necessary.
UAE’s Penal Code
Mahmood Shakir Al Mashhadani, Senior Associate at Galadari Advocates and Legal Consultants, spoke about how these laws are not just part of the UAE Labour Law but also the penal code.
“All laws respect human beings and urge respect and good manners, especially the UAE Labour Law and the Penal Code, which mostly deal with matters pertaining to respect of human rights, people’s privacy and social status,” he said.
Any person who abuses a worker, regardless of his capacity in the company, will be subject to punishment or any procedure prescribed by law, if the correct administrative measures are not taken.
He highlighted that even the act of yelling can be a reason for legal action, if offensive language or swear words are involved. Whether the act of yelling happens from your immediate manager, anyone holding a position of administrative manager or sub-manager, or even the original employer, if the employee gets exposed to language that is inappropriate in the workplace or swear words are used, then there are two legal aspects that come into play.
“Firstly, the worker files a complaint with MOHRE on the grounds of Article 13 of the UAE Labour Law, on the employer’s obligation to providing a safe and suitable working environment. Therefore, it is the duty of the employer or his representative in the company management to respect employees and not to belittle, insult or abuse them. Instead, they may issue warnings with respect to work errors defined by law, impose disciplinary sanctions, and exhibit respectful and professional behaviour. In the event such is not achieved, and the worker gets abused by yelling and showing him disrespect, the worker must file a complaint with MOHRE and request for contract termination based on the employer’s breach of the labour contract terms and the labour law, wherein the employer’s obligations are prescribed by law,” he said.
“Second, in case the act of yelling is accompanied by offensive, hurtful words and obscene language, a request must be submitted to file a criminal report with the nearest police station, taking into consideration that such police station is located within the territorial jurisdiction,” he added.
If you do file a police report, Mashhadani added that you may be required to either provide a medical report in cases of a physical assault, or a psychiatric medical report, if the case is of yelling causing defamation.
“There is nothing called an 'insult report' here in the UAE. The only thing they can attach is the medical report for the physical assault, and the psychiatric medical report can be attached to the criminal complaint if the act of yelling caused defamation. The decision of the report will be decided by the prosecution office and, finally, the court,” he said.
He reiterated how the UAE’s laws have laid the foundations of how the relationship with workers should be established, and the course of action in case any mistakes happen. If the employee does make a mistake, abusing is not permissible, and it is mandatory for the employer to provide the worker with a safe and suitable working environment.
“Any person who abuses a worker, regardless of his capacity in the company, will be subject to punishment or any procedure prescribed by law, if the correct administrative measures are not taken,” he said.