Ask The Law - June 6, 2003

Scores of group disputes are brought before the Ministry of Labour and Social Affairs as employers and employees reach a deadlock over various issues. The ministry tries to settle disputes amicably, but some are referred to the court. This week we tackle the issue in detail

Settling disputes between employees and employer

The ministry has issued a decision regulating the settlement of group disputes.

According to the decision which takes effect on July 1, workers and employers must first try to settle disputes through negotiations, and if that fails the parties should opt for mediation.

If mediation fails, the parties have the option of conciliation and arbitration. The employer or workers must inform the relevant labour department in writing immediately on the same day the dispute occurs.

If this is not possible, the department must be informed on the following working day. Workers should not stay away from their duties and the company may not be closed down, according to Article 3 of the decision.

If the parties do not resolve the dispute through negotiations in a week's time, any party may demand the mediation of the Director of the Labour Department. The director must then summon the parties concerned and initiate measures to solve the dispute.

If the dispute arises because of non-payment of salaries or the employer's failure to meet obligations as stipulated in Labour Law No. 8 of 1980 or its executive statute, the director must take action to ensure that legal provisions are implemented.

If the dispute is not settled in 10 days, the director must refer the matter to the competent Conciliation Department, infor-ming the two parties in writing.

If the dispute is settled through mediation, the director must write three copies of a report, outlining the items agreed upon and sign it along with the workers and the employer. This agreement will be valid for the period agreed to by the parties, provided it is not less than two years.

On being informed of a dispute, the director of the competent labour department must form a Conciliation Committee under the director's chairmanship. It should comprise a member of the Chamber of Commerce of the area or any other representative selected by the employer, a member of any professional association in the area, or any other representative selected by the workers, and a legal consultant, who will be an advisor with no vote.

The workers and the employers must name a representative as a member of the Conciliation Committee, if and when the director of the Labour Department so demands. The committee will be authorised to settle disputes referred to it by the Director of the Labour Department and will apply regulations as stated in the Law No. 8 of 1980 and Cabinet decision No. 11 of 1980.

The Chairman of the Conciliation Committee is entitled to summon anyone deemed necessary among the workers, parties to the dispute or experts, and is also authorised to discuss with them all matters related to the dispute.

The committee is also entitled to review papers, documents, books and all other evidence and to oblige the holder of these to submit these, enter the company for investigation and other measures necessary for settling the dispute.

Work may not be stopped and the company may not be shut down because of a labour dispute before all measures to settle the dispute are exhausted.

If a dispute arises because the employer or workers fail to abide by the agreement reached through mediation, the Labour Department must take the necessary legal measures to ensure that the law and its executive statute are implemented.

The following people shall be held responsible for causing a dispute:
* Whoever violates a provision of the law or its executive statute.
* Whoever breaks an agreement reached through mediation or conciliation.
* Whoever fails to show up in reply to a summons of the Director of the Labour Department or Chairman of the Conciliation Committee.
* Whoever fails to abide by the decision of the conciliation committee which he or she signed.
* Whoever breaks decisions of conciliation or arbitration committees.

Health card
A. V. Dubai asks: "Whose responsibility is it to renew the medical health card on an annual basis – the individual's or the sponsor's? Our company refuses to pay for the annual renewal of the card saying that they are only responsible to issue the card initially, while subsequent renewals have to be taken care of by individuals as per law.

I have been working in a private firm in Abu Dhabi for the past one and a half years. I have not got my labour card until now. When I asked for the card four months after joining work, the PRO said that it might have got lost in the post and nothing can be done about it. I will have to wait for my visa renewal (three years) to get it.

Until that time I am supposed to keep a copy of my passport visa page readily available with me at all times. Is this true that the labour card cannot be issued again, if it has really been lost, before the next renewal? Can't I get my labour card now?"

In general the issuance and annual renewal of the medical health card is the responsibility of the company, unless the company and the employee agree otherwise.

The company may apply for a new labour card, if it is proved that the first one is lost. It's not necessary to wait until the next renewal of the visa.

Changing visa
Sujith Chandran asks: "I am a mechanical engineer holding a bachelor's degree, working currently (for three months) as a sales engineer in a company in Jebel Ali Free Zone. Since I am not happy with my salary, I would like to try other alternatives.

"My visa is a Jebel Ali sponsorship visa (profession: mechanical engineer). I would like to know if I could end up with a six-month ban if I cancel the existing JAFZ visa on confirmation of another job in Dubai or Jebel Ali as such, which can pay me a decent salary commensurate with my educational qualification and which can help my family as well because we are having a tough time as such financially."

Under the Cabinet Decision No. 30 of 2001, the categories of employees allowed to transfer their visas are:
1. Engineers
2. Doctors, chemists and nurses.
3. University and college professors
4. Experts and consultants in the fields of law, economy, finance and administration with a postgraduate degree.
5. IT programmers, analysts who are university graduates.
6. Technicians engaged in oil field activities.
7. Coaches in sports and educational fields.
8. Navigational experts, captains of vessels and aircraft.
9. Any other category of rare specialists will be exempted by the ministries of Interior and Labour and Social Affairs.

These categories are the only ones allowed to transfer their sponsorship without the six-month ban. All other categories have to serve the ban. But even these categories require an approval from their original sponsor or should have spent at least one year in their original job.

There has been confusion in the media in the last couple of weeks. Until such time as this matter is cleare