READER COMPLAINT

UAE Labour Law: “My employer has not given my dues even after a court judgement”

Explained: What are an employee’s rights to execute a court judgement against his employer

Last updated: August 25, 2020 | 14:02

2 MIN READ

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Employer-employee relations in the UAE are monitored and regulated by the Ministry of Human Resources and Emiratisation (MOHRE).

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A Gulf News reader received a Labour Court judgement in his favour but his employer has failed to execute it.

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The reader had worked for a company in the UAE for 11 years and has not yet received his settlement amount.

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What recourse can you take if your former employer fails to execute a court judgement?

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Jihene Arfaoui, legal researcher with Al Suwaidi & Company spoke about the legal route available to employees.

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An employee can submit a request for an executory judgement.

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You can also apply for the executory judgement earlier, if the judgement clearly states so.

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This can be done online, through the Ministry's website - www.mohre.gov.ae

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If the court judgement details how the end-of-service benefits will be calculated, it is advisable to seek legal counsel to calculate the final settlement.

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The plaintiff can also request the court to enquire and seize assets if the employer claims to not have enough funds.

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The court can then forcible implement the court judgement.

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How are disputes settled by the Labour Court?

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Both parties should first try to settle the dispute amicably.

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If an amicable settlement is not reached, they can approach the court to decide on the case.

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If an employee refuses to accept a settlement offered by the employer, the employer can file an 'offer and deposit' at the Labour Court.

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An employee can still file a case with the Labour Court.

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Court fees for Labour disputes.

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For claims over Dh100,000, the employee needs to pay court fees.

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