New UAE Labour Law Decree updates complaints procedures – all you need to know
Dubai: If your employer has committed a labour violation such as unpaid wages or has asked you to do duties that are not included in your contract, you can raise your grievance with the Ministry of Human Resources and Emiratisation (MOHRE).
Under the new labour law decree - Ministerial Resolution No. (47) of 2022 Regarding The Settlement of Labor Disputes and Complaints Procedures – deals with labour disputes, the cancellation of work permits, labour bans and discusses how employers and employees can appeal a case against them.
Article 1,2, and 3 of the new resolution by MoHRE stipulates the procedure for filing a labour complaint, the settlement of disputes and the rules a worker should follow if they have an active dispute in the labour court.
Article (1) - Individual Labour Complaints
Subject to the provisions of Article No. (54) Of the aforementioned Decree-Law No. (33) of 2021, the employer and the worker have the right to file a labour complaint within thirty (30) days should either of them fail to fulfil his obligations stated in the employment contract or breach the provisions of the Decree-Law concerning the Regulation of Labour Relations and its executive regulations and decisions issued in implementation thereof.
Article (2) - Settlement of Disputes
The Ministry shall take all necessary action to settle individual labour complaints within a period not exceeding fourteen (14) days from the date of the submission of the complaint. If an amicable settlement is not reached, the dispute will be referred to the concerned Labour court.
Article (3) - Obligations of the worker whose complaint is referred to court
1. Pursuant to the text of Article No. (31) Of the Executive Regulations of Federal Decree-Law No. (33) of 2021 concerning the Regulation of Labour Relations, every worker whose labour complaint has been referred to the Labour Court must abide by the following:
a) Register the labour complaint with the competent court within a maximum period of fourteen (14) days from the date of approving the referral to the judiciary;
b) Refrain from working for another employer without obtaining a temporary work permit from the Ministry;
c) Submit a request to cancel the original work permit within fourteen (14) days from the date of issuance of the final judgment in the labour lawsuit, in the event of termination of the work relationship between the two parties;
d) The worker may apply for a temporary work permit with a new employer during the process of the labour case; an exception to this is the worker who has been reported absent by his / her employer by filing an “unexpected work abandonment Report”.