Dubai: If you are not given your full end of service dues, how can you raise a complaint as a worker in the UAE? And is the process different if your company operates in a free zone? A Gulf News reader wrote in raising the question.
She said: “My last working day at my previous organisation was on January 7, 2024, and until now I have not received the full amount of my end of service dues. According to the UAE gratuity calculator, my gratuity should be approximately Dh7,100. And as I worked for one week in January, I should also be getting paid for those days of work, along with 15 days of unused leaves. Adding all these dues, my end-of-service entitlement should be Dh14,160. I have only received Dh5,425 so far. As the company is in a free zone, can I complain to the Ministry of Human Resources and Emiratisation (MOHRE) or can I only do it through the free zone? Please advise on how to proceed in such a situation.”
Gulf News raised the query with Zeiad Yehia, Senior Legal Counsel at Kashwani Law Firm, who spoke about how the process to raise a labour complaint can vary slightly, depending on whether your company is in the free zone or on the mainland.
He said: “Should an employee, being certain of the total sum of their labour dues, inclusive of compensation for annual leave entitlements and end-of-service gratuity, amounting to Dh14,160, but has only received Dh5,425, then the appropriate course of action would be to initially address the complaint with the designated authority of the respective free zone. This initial step aims to facilitate an amicable resolution of the matter. Should a resolution not be achieved through this avenue, the designated authority will issue a referral letter to the Ministry of Human Resources and Emiratisation (MOHRE). It is important to note that this procedure is mandatory for complaints concerning free zone companies,” he said.
If a person’s company is operating on the mainland, they can directly contact MOHRE on 800 84, to raise their complaint, Yehia said.
“The Labour Office at MOHRE will subsequently engage with the employer in an endeavour to resolve the matter cordially. However, if an amicable resolution cannot be reached, a labour dispute committee will be convened to adjudicate the matter, ensuring that the employee receives their rightful entitlements in accordance with prevailing legislation. It is imperative that the employee initiates contact with the labour office at the earliest opportunity to expedite the resolution process,” he added.
If an amicable resolution cannot be reached, a labour dispute committee will be convened to adjudicate the matter, ensuring that the employee receives their rightful entitlements in accordance with prevailing legislation.
New labour complaints process
Since January 1, 2024, MOHRE has also changed the labour complaints process, making the resolution of cases faster, especially in cases where the claims are lower than Dh50,000. To know more, click here.
