Labor Court Dubai: How to file a complaint with regards to labor issues?
Sometimes you can get caught up in the uncomfortable situation in which an employer is being completely unfair to what you deserve as a worker. Other times you could be facing a terrible experience with a worker, and you need it to stop. Luckily, the Labor Court in Dubai is there to help you solve all of these issues.
In this article, we will talk about how the Labor Court in Dubai works and all you need to know to file a complaint. Both the employer and the worker can file a complaint if it is necessary. However, they must be aware of the conditions regarding documentation, reasoning, and legal times to do so. Let us take a look:
- How does Dubai Labor Court work?
- When is the right time to pursue a labor law case?
- How do I know if I should file a complaint?
- What are the steps to file a worker’s complaint?
- Where can I get legal assistance?
1. How does Dubai Labor Court Work?
The Dubai Labor Court is a component of Dubai Courts and is in charge of all issues arising out of work relationships in Dubai as well as all free zones, excluding the DIFC (Dubai International Financial Centre).
Legal actions related to labor disputes are pricey, time demanding, and exhausting for all parties. However, if an amicable conclusion cannot be reached, either one of the parties may file legal action against the other. These matters are handled in Dubai, at the Dubai Labour Court, which is overseen by the UAE MOHRE (Ministry of Human Resources & Emiratization).
If an amicable solution cannot be achieved, the Centre will prepare a statement of allegations and electronically submit it to the Labour Court in Dubai, together with the necessary documentation, within two weeks after receiving the request. This will include a synopsis of the disagreement, evidence supplied from both sides, and the Department’s comments.
Within three days after receiving the Labor case Dubai Court will schedule a hearing and inform both parties. Before proceedings commence, the Court could also request that representation from the Department clarify the content of their summary.
1.1 Court fees
If an employer initiates a lawsuit, he must pay the court expenses regardless of what happens with the case. In most cases, the court charge is 5% of the entire amount demanded.
Employees are free from paying court expenses if they file a lawsuit. If the sum in dispute surpasses the regular amount, he is furthermore legally required to pay 5% as well.
When a final decision is issued, all court fees are due. These expenses will be listed in the judgment statement and must be given at the end of the case.
Filing and fighting cases before the Labour Court in Dubai may be costly for both parties. Before starting with litigation, it is advisable to consider this element.
1.2 Court proceedings
- The Labour Court in Dubai conducts all sessions in Arabic.
- Only in unusual cases, there is witnesses’ presentation.
- The Dubai Labour Court frequently handles cases without requiring the parties to deliver remarks at a hearing. Instead, each party must present written pleadings, containing documented proof such as work contracts, communication between the litigants, and bank statements.
- All papers submitted to the court have to be in Arabic or written in Arabic by an approved translator by the Emirates Ministry of Justice.
1.3 Duration and judgment
The duration of the legal processes is determined by several factors. Including the difficulty of the case, the accessibility of all sides, and the court’s active workload.
The Remote Litigation Service of the Dubai Labour Court allows for faster resolution of labor disputes with a lower claim value. By using electronic communication, both parties can attend sessions by a single judge, and they deliver the decision frequently within 24 hours.
1.4 Representation by lawyers
Although litigation is not essential before The Court of First Instance, many parties seek professional legal counsel if they are not fluent in Arabic or are unfamiliar with Arabic legal terminology.
Consulting a legal firm is also helpful for gathering and analyzing all documentation evidence, as well as changing or altering positions as the claim advances.
In Dubai is critical to count on the best representation when it comes to law firms. Make sure to hire a law firm that has a positive experience handling cases similar to the one you will be going through.
Only Emirati attorneys and qualified attorneys from other Arab countries have access to the courtroom.
2. When is the right time to pursue a labor law case?
The legal time frame for filing and litigating a case is only one year. Employees who wish to start a claim against their employers must do so within one year. After a year, their lawsuit will be dropped, and they will be left with nothing.
If somebody is working on an indefinite contract in an organization and believes they were not given all of their rights, it is their responsibility at first. This is because, before leaving the organization, employees should review every compensation they deserve after leaving.
Employees should be aware of what was said in their final agreement and what they would get after their employment. They should double-check those before leaving the workplace. Also, before signing the written agreement that ensures that they obtain all they deserve.
If an employee believes that the benefits specified in the agreement are incorrect, he should notify his employer. If the employer objects to the awards stated, they may file a complaint with the MOHRE. Eventually, this could lead them to the labor court in Dubai.
3. How do I know if I should file a complaint?
Expats should be aware of the best time to make a complaint. Unfair treatment does not necessarily need taking it outside of the job. Going to Labour Court in Dubai should be the final resource in cases where there is no settling.
That is why the Emirates Labour Law includes a section indicating when an employee should begin filing.
3.1 Payment issues
The most common causes of dispute between employers and employees have to do with money. Sometimes paycheck is constantly late. Employees working over 9 hours every day without extra pay. Or despite meeting all of the conditions, including properly resigning or terminating the contract, are not subject to gratuity compensation.
In all of those situations, the worker can file a complaint against their employers. Labor Court in Dubai will take care of the issues since the employer is directly breaking the law.
Employees also beware of employers expecting their workers to pay back all employment-related fees, such as work permits or residence visas.
The Labour Law states that those costs are always paid by the employer. They can never charge their workers for it.
3.2 Leaves issues
Some employers prevent their workers from taking annual leaves or breaks on holidays, and that is against the law. Employees can file a labor case in Dubai court to take care of this issue. It could also be the case of employers denying maternity leave to pregnant women. In either of those cases, they are breaking the law.
The new labor law in the United Arab Emirates has set several specific occasions to ask for a legal leave. It also states how the leave salary calculation is. Every employer must read, understand and apply the new UAE regulations.
3.3 Safety issues
If the work environment is not a secure or safe place for a worker, they are in the right to file a complaint. The law states very clearly the new policies against discrimination and harassment at workplaces. The Emirate’s law does not accept this type of behavior.
On the other hand, if the employers terminate an employment contract and refuse to give their workers a 30 days grace period, it is also admissible in Dubai Labor Court.
4. What are the steps to file a worker’s complaint?
In the UAE, filing a complaint is quick and straightforward. After filing, you can rest confident that MoHRE will investigate your complaint. You may also be required to contact your employer to resolve the conflict. You have three alternatives for filing the complaint.
In Connect Legal we recommend you hire a lawyer before making any complaint. Hiring a lawyer will give you a great advantage when it comes to filing a lawsuit. This is because the professional will know how to proceed to win the case.
We offer a variety of services regarding labor cases in Dubai court. You can count on the best employment lawyers in the United Arab Emirates to take care of your case and lead you to success. However, while you prepare to contact us, we can give you a quick overview of the process. Remember you should get legal companionship while taking any of the steps.
4.1 MoHRE’s call center
The first thing you can do is call the MoHRE at their official phone number. A contact center agent will respond to your questions and inquire about your issue.
If the representative is unable to resolve your problem quickly, it will be submitted to the Department of Complaint and Advise. Your petition will close after the department has resolved the issue.
If the department does not resolve your problem, it will be converted into an official complaint.
4.2 MoHRE’s online service
In addition to MoHRE’s contact center, you may make a complaint using its online complaint facility. This service is available to both workers and employers. If you pick this option, here is what you have to do.
Go to their website and enter the option for Labor Complaints, then start the service. This will send you a series of questions you must fill with your case information. After you submit all of that, you have to wait for at least 10 days for them to reply.
Both of these options are part of the technological revolution that we are all facing. It is now easier to make this process, without having to leave our home. However, you should always be aware of internet laws and regulations. Facing a penalty for online defamation is just as serious as the regular type. It is nothing to be playing with.
4.3 Tasheel service centers
If you are more inclined to see people face to face, you can also go directly to Tasheel Service Centers. In there, you will file the case against your employer. But you have to remember a few things if you are choosing this option.
Make sure to bring all your documentation, including your employment contract. You must also bring your work permit and visa, so they can check your status. Remember that you will have to provide all your contact details.
You will get two days after filing a complaint to try to settle your dispute.
5. Where can I get legal assistance?
As we can tell by everything we explain here, going to a labor court in Dubai can be a very helpful road. However, it does not take away the difficulties that all legal matters carry. That is why you need to learn more about us.
If you are the owner of a business, do not let this chance pass you by. Our legal team can assist you with all legal matters. By coming to us, you can have the best legal services for business in the United Arab Emirates.
Do you want the best lawyer to represent you? Please call us at + 97143316688 if you need support or more information about the labor court in Dubai and how to file an employment complaint, you can also write us at [email protected], one of our specialists will contact you and answer all of your questions. Visit our website for further information.
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