UAE: Think your rights were violated at work? Here's how to file a labour complaint now

Dubai: If you are facing issues such as delayed salaries, unpaid overtime, excessive working hours, or your gratuity is being withheld after resignation or termination, it is important to know that these practices are illegal. You are within your rights to file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE), which will mediate the dispute and, if necessary, refer the matter to court.

If you believe your labour rights have been violated in the UAE, whether due to unpaid wages, a withheld passport, workplace harassment, or unfair dismissal there is a formal legal process available to help you raise your complaint and seek resolution.

According to Ludmila Yamalova, founder and managing partner of HPL Yamalova and Plewka DMCC, the appropriate first step depends on the nature of the violation. This could involve issues such as withheld wages, forced overtime, harassment, or discrimination.

“However, in all cases, it is essential that employees document the issue in writing,” she told Gulf News. “The writing does not need to be anything formal an email would suffice. These correspondences memorialise the matter and serve as evidence for later.”

If your employer does not address the issue after being contacted, the next step depends on whether the company is located in the mainland or a free zone.

“If your company is licensed by the Department of Economy and Tourism (formerly the Department of Economic Development), you can escalate the matter to the Ministry of Human Resources and Emiratisation (MOHRE),” she explained.

You may file a complaint through any of the following channels:

You can also seek advice and guidance from MOHRE's 'Labour Claims and Advisory Call Centre' on the toll-free number 80084.

For claims under Dh50,000, MOHRE can adjudicate and issue a legally binding decision, enforceable under Article 31 of Cabinet Resolution No. 1 of 2022.

“For claims exceeding AED 50,000, if no settlement is reached, MOHRE will issue a No Objection Certificate (NOC) so the employee can take the matter to court,” Yamalova explained.

If your employer operates in a free zone such as DMCC or JAFZA, complaints must first be filed with the respective free zone’s mediation department. These offices aim to resolve disputes amicably, but do not have the authority to enforce decisions.

“If the matter remains unresolved, the free zone authority will issue a No Objection Certificate, allowing the employee to proceed to court,” said Yamalova.

Under Federal Law No. 29 of 2021 and related ministerial circulars, it is a violation for employers to retain an employee’s passport.

“In passport-related disputes, the proper forum is the criminal authorities, namely the local police department not the labour court,” Yamalova clarified. “This can be done either directly via the court portal or through a typing centre such as Al Adheed in Dubai.”

Employees must file a complaint within two years from the date the issue arose. This time limit is defined under Article 54 (9) of Federal Decree-Law No. 33 of 2021. (Previously, the limitation period was one year.)

Once a complaint is submitted to MOHRE (for mainland employees), officials will usually attempt to mediate by contacting both parties via phone or video call.

If an amicable resolution is not reached:

“MOHRE’s mediation records and decisions become part of the court file,” Yamalova explained. “For free zone employees, mediation is conducted by the free zone authority. If unresolved, a NOC is issued so the employee can file a court case.”

According to Ahmed Elnaggar, CEO of Elnaggar & Partners, “Only UAE nationals and a few other Arab nationalities have the right of audience before the Labour Court. While parties may represent themselves, this is limited to the Court of First Instance and Court of Appeal. Legal representation is mandatory at the Court of Cassation.”

While it is not mandatory to hire a lawyer for labour disputes in the UAE, it is strongly advised. “A lawyer can guide employees through the legal process, help prepare documents, and build a compelling case,” said Elnaggar.

According to Elnaggar, employees who win their case may be entitled to:

“Yes, employees can remain in the UAE during the proceedings, provided they comply with relevant legal procedures. They can also work for a new employer if they obtain the required permit,” said Elnaggar.

Article 31 of Cabinet Resolution No. 1 of 2022 outlines:

Under Ministerial Resolution No. 47 of 2022, an employee whose complaint is referred to the Labour Court must:

Labour Court proceedings rely heavily on written documentary evidence.

“The courts generally do not accept written witness statements. If further clarification is needed, a judge may call a witness to give oral testimony but only the judge can ask questions. Neither party may cross-examine the witness,” Elnaggar explained.