Dubai: If you have filed a labour complaint against your former employer over unpaid wages, but the company has recently changed ownership, how do you claim your overdue salary?
Dubai Courts recently took to their social media channels to explain the rights of workers facing this scenario.
In the video, Judge Yasser Abdulrahman Elfil from the Labour Court of First Instance in Dubai referred to Article 48 of the UAE's Labour Law - Federal Decree-Law No. 33 of 2021 – to clarify whether the previous employer or the new owners of the company are obligated to provide the dues.
“Article 48 of Law No. 33 of 2021, regulating labour relations, stipulates that the new employer is responsible for all obligations arising from work contracts from the date of amending the establishment’s data. If the employment contract has expired before amending the establishment’s data with the competent authorities, the person responsible for the workers’ rights is the original employer, and [he or she] is the one against whom the labour lawsuit is filed,” he said.
How do I register a labour complaint?
You can file a confidential labour complaint with the Ministry of Human Resources and Emiratisation (MOHRE) through their official mobile application, ‘MOHRE’ available for Apple and Android devices.
You also have the option to contact MOHRE’s labour claims and advisory call centre - 800 84, for any labour-related complaints or legal consultations.
UAE Labour Law Update: Faster resolution process for claims under Dh50,000
Since January 1, 2024, private sector workers in the UAE who have not received their entitlements like gratuity or overtime pay, can now expedite the process to collect their overdue claims.
Under the revised legislation, Federal Decree-Law No. 20 of 2023, MOHRE will issue the final executive decisions on labour disputes with claims of less than Dh50,000 made by either companies and workers in the private sector.
One year limit for filing labour complaints in the UAE
According to the revised legislation, there is a standard one-year statute of limitation for employment claims, starting from the date the claim becomes due. This means that you can raise the complaint with MOHRE within a year of the issue arising, or the claim becoming due.