Originally known as the Ministry of Labour, the Ministry of Human Resources and Emiratisation (MOHRE) is dedicated to regulating the application of labor laws and resolving labor complaints in the UAE. In this country, there are new special laws that safeguard employees’ rights.
In this article, we will be talking about labor complaints in the UAE. We offer you a full guide while we define the situations that require a complaint and how to make them. Here is a step-by-step explanation of how to register a MOHRE labour complaint and a list of circumstances that can necessitate it.
- When can a worker file a labor complaint in the UAE?
- What is the process for submitting a labor complaint?
- How to complete a MoHRE complaint?
- How to check the status of a MoHRE complaint in the UAE?
- What is the fee that the complainant has to pay?
- What changes in the complaint process are due to the new labour law decree?
- How can we help you win your labor complaint?
1. When can a worker file a labor complaint in the UAE?
Several sections that regulate the rights of workers are in the Federal Law N. 8 of 1980 of the UAE Labour Law. Upon breach of these conditions, workers have the right to denounce their employers.
Both employers and workers should be aware of which situations fall into the category of fair complaints. A labor complaint in the UAE is taken very seriously. In this way, all workers can know their rights, but also employers can understand certain limits.
If you happen to be experiencing any of the situations on the list below, you can request our legal services. Our lawyers will be glad to help you navigate the situation you are currently in. Now, without further distractions, here is the list of circumstances for a possible labour complaint.
- You do not work in a setting that is secure and safe.
- You do not receive yearly leave, and you are not permitted to take time off holidays.
- Not getting the wages and salaries payment on time.
- Leave salary calculations are not in order.
- Maternity leave is not provided to pregnant workers.
- The employee’s passport is in the employer’s possession.
- You have to put in more than eight or nine hours of work every day.
- Even though you have worked for the appropriate amount of time in the firm, you are not paid a gratuity at the moment of resignation.
2. What is the process for submitting a labor complaint?
This is how the Ministry responds to labor complaints by Article N. 6 of the UAE Labour Law. The first thing of course is to contact them for labor problems. After that, the Twa-fouq will be the one contacting the parties and trying to settle the conflict peacefully and fairly.
Nonetheless, it is important to remember that the parties are not in any obligation to settle the dispute at this point. Sometimes a mutual agreement is off the table, and the department sends the matter to the next instance. A relevant labour court will review the labour complaint within two weeks of receiving the request.
With the case, they must submit a memo outlining the following:
- The issue.
- The arguments put out by each party.
- The thoughts of the relevant labor department.
After that, the constitutional court will schedule a hearing for the complaint and inform the two parties three days after receiving the request. The department of labor’s representative may be called upon by the court to attend and provide an explanation of the memo’s contents.
The court will subsequently provide a decision on the case. For any filing process in labour court, it is important to count on an employment lawyer. They will be ready to assist you in the most professional way possible. Therefore, the process can become rather simple when counting on the right legal services.
3. How to complete the MoHRE complaint?
Through the Official Ministry of Human Resources and Emiratisation, there is a fairly straightforward and practical process for filing complaints (MOHRE). Regardless, it can be a little difficult to process for some people, so make sure you contact us if you have any questions.
As we mentioned previously, after you make a labour complaint, the ministry investigates the situation, gets in touch with all individuals involved, and resolves the conflict.
3.1 Call center for MoHRE
- Dial 80060 to reach the MOHRE call center.
The customer service agent will respond to your questions and make an effort to resolve the labour complaint. Further, the claim will be sent to the Office of Complaints and Guidance if they cannot resolve it right away.
The matter will be closed if the department successfully resolves it. Additionally, if the situation is not resolved satisfactorily, the person responsible will direct you to lodge a formal complaint, which will result in filing a court case.
3.2 MoHRE online compliant
Using the MOHRE’s official website or app, both workers and employers can file a labor complaint in the UAE. The procedure calls for you to:
- Download the official mobile app or go to the official MOHRE website.
- Choose the “Register Labor Complaints” option.
- Select “Start Service” by clicking.
- Choose “Complaint Type.”
- Enter the Unified Number, Work Permit Number, and Applicant Type.
- Add Details to the Complaint Request.
- Submit Hot.
Within 72 hours of submitting your application, you will get contact from a legal counselor from the Twa-fouq center. Additionally, you can register on our website to find proper guidance throughout this process.
3.3 The Twa-Fouq service
You can file all MOHRE complaints at Twa-fouq service centers. They carry out the preliminary inquiry, provide suggestions to the ministry, and settle the dispute amicably.
The request is sent to the court if a settlement is not reached by the pertinent parties within two weeks. Getting ready for the court could be a challenging task. Luckily, Connect Legal‘s team is ready to give you the best legal advice for all types of situations.
Additionally, these service centers respond to questions about workplace relations and offer legal counsel. Twa-fouq centers are MOHRE-licensed service locations that accept labor complaints in the UAE sent by either employees or employers.
4. How to check the status of a MoHRE complaint in the UAE?
After finally filing a labor complaint in the UAE you will want to know how it is going and what is the status. Now that you know how to file a complaint, here is how to check the status of a MOHRE complaint.
- Go to the MOHRE Services page.
- Go to the official website.
- Your Petition Reference Number should be included.
- Hit “Submit.”
As you can see, those are very simple steps. This will inform you of the status of your grievance. Additionally, legal services may examine or copy your employment contract online as well.
5. What is the fee that the complainant has to pay?
The MoHRE offers free complaint services. However, there can be costs if a business is the target of a claim. Therefore, you must consider all these factors before filing a labor complaint in the UAE.
A sum of 5% of the disputed amount will be levied as a court fee if the amount is greater than AED 100,000. The most that may be charged is AED 20,000. Additionally, you might want to know the minimum amount for a civil case.
Since a lot of ex-pats come to the United Arab Emirates looking for jobs, immigration lawyers are also experts in the UAE Labour Law. Many ex-pats feel more comfortable counting on an immigration lawyer, even if it is in regards to employment issues.
Therefore, when facing any type of trouble with the UAE Labour Law, also consider immigration lawyers’ fees in the UAE. Having a clear picture and plan of action will make your legal journey way simpler.
6. What changes in the complaint process due to the new Labour Law Decree?
You can still file a labor complaint in the UAE with the Ministry of Human Resources and Emiratisation if your employer has broken a labor law. This also applies if they have required you to perform tasks that are not specified in your employment contract.
The 2022 Ministerial Resolution N. 47 Regarding The Settling of labor complaint in the UAE and Dispute Procedure deals with different subjects. Labor disputes, the revocation of work permits, labor bans, and considerations on how employers and workers can endear a case against each other.
These issues are covered under the new labor law decree in the following sections.
6.1 Individual Labor Complaints
The employer and the worker both have the right to file a labor complaint in the UAE. However, this must be a product of either of them failing to fulfill the obligations that the employment contract states.
Additionally, the complaint must be done within thirty days maximum. It also includes the violation of the provisions of the law regarding Regulation of Labour Relations.
6.2 Dispute Resolution
Within fourteen days after the day the labour complaint was submitted, the Ministry must take all necessary steps to resolve each labor complaint. This step is mandatory before taking any further actions.
The disagreement will be sent to the relevant Labor court if a peaceful resolution cannot be found. In which case, you need to get legal services. Finding the best representation is crucial.
6.3 Obligations of the employee
Every employee whose labor complaint has been sent to the Labour Court shall adhere to the following rules: Article N. 31 of the Executive Regulations. Federal Decree-Law N. 33 of 2021 about the Management of Labour Relations.
- Within fourteen days of the day, the referral to the court was approved, file the labor complaint with the appropriate court.
- Avoid working for a different employer unless you have a Ministry-issued temporary work permit.
- In the case that the two parties’ working relationship is terminated, submit a request to revoke the initial work permit within 14 days of the date the labor lawsuit’s final decision was issued.
- During the labor case, the employee may apply for a temporary working visa with a new company. The only exception to this is if the employee has been reported missing by filing an “unexpected work abandonment Report.”
As you can tell, it is important to understand how an absconding case works. Even though you are filing or tracking a court case, you must prevent any absconding case.
However, if you stopped showing up for work and your employer filed an absconding case, you must learn how to remove it. If you do not, you can face serious consequences, like a working ban from the UAE.
7. How can we help you win your labor complaint?
Filing and tracking a labor complaint in the UAE is not a difficult process. However, winning in court can be confusing. It is all about counting on the proper preparation and assistance. Our lawyers are experts in guiding clients through the toughest situations. With us, you will get closer to your goals.
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If you are interested in knowing more about labor complaints in the UAE, you can contact us. Give us a quick phone call at +971 43 316 688, or send us a detailed e-mail to firstname.lastname@example.org where we will gladly answer to all your concerns.
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