Labour Court in Dubai Legal advice

UNDERSTAND ON HOW TO FILE EMPLOYMENT COURT CASE IN LABOUR COURT DUBAI

 

When we talk about filing complaints about employment or labor issues, we are not always talking about going to the Labour Court in Dubai. Going to court is the last step after trying to get a mutual agreement between the two parties. However, that does not mean we should not be preparing for it.

In this article, you will learn everything you need to know about how to file any employment case in the Labour Court in Dubai. From the reasoning behind a complaint to all the documentation and paperwork. Let us take a look:

1. What are the reasons one would wish to initiate an employment claim?

2. Where do you begin if you believe you got a case which should be heard?

3. When should I make an official complaint?

4. How does mediation work in employment court cases?

5. What kind of documentation or evidence are appropriate?

6. What is a Statement of Complaint?

7. How can we help you with your employment court case?

1. What are the reasons one would wish to initiate an employment claim?

Labour Court in Dubai

There are several reasons why you may choose to initiate an employment case, the Labour Court in Dubai gets a great variety of cases. Here are just a few examples of situations that might make someone want to file an employment complaint.

1.1 Someone is not receiving their salary

As simple as it may appear, there are far too many instances of this type. Of course, it is not a surprise that this will lead you to file a complaint with Dubai Labour Court. According to the UAE Labor Law, everyone deserves their rightful remuneration for their work. An employer failing to provide it so is illegal.

1.2 Unknown dismissal

These are cases in which you lose your job and have no idea why. Perhaps you do not want to stop working, and even more crucially, you want to have compensation for the dismissal. You can even feel that your termination compensation should be far more than what they are giving you.

In any case, the best way to go about this is to hire professional assistance in the legal field. In Connect Legal you can find great lawyers that will take a look at your case and guide you through the process of going to the Labour Court in Dubai.

1.3 Your employer is not letting you change jobs

Workers can find themselves in situations where they wish to change jobs and their current employers are making it impossible. There are a lot of cases of employers delaying the visa cancellation that needs to take place for workers to change employment.

In these cases, it is best to announce beforehand to your employer that you are thinking about going to court against them. Most of the time they will speed the visa cancellation to avoid any trouble. This notice will also help you avoid looking for how to withdraw a Labour Case from Dubai Court because it turns out they had the visa cancellation in hand but did not want to let you know.

1.4 Wrongful dismissal

For instance, you have been fired arbitrarily and, on principle, you would like to establish to the employer that you were not dismissed for a legal cause. There are several other reasons why individuals bring lawsuits to Labour Court in Dubai, but in the end, it almost always boils down to monetary compensation.

2. Where do you begin if you believe you got a case which should be heard?

  • The first thing you have to do is establish the legal period to file a case to Labour Court in Dubai and ensure that you operate inside it.
  • Determining the statute of limitations can be tricky sometimes. This is why you must consider hiring a labour lawyer in Dubai to assist your case.
  • Then, you must do something before filing a court lawsuit anywhere in the UAE, or start wondering where is the Labour Court in Dubai. Except for the DIFC area, you must first submit a request or a complaint. With the specific licensing authority that governs or controls the business where you used to work. For example, if it is in a free zone, it will be that free zone. If it falls within the Department of Financial Development, it falls under the official Ministry of Human Resources and Emiratisation.
  • Lastly, this implies that you cannot simply go to Labour Court in Dubai anytime you disagree with labor conditions. You must first submit your request to one of these authorities. The Labor Division or a free trade zone authority. However, you can ask professionals for any Dubai Court Labour case inquiry you have.

3. When should I make an official complaint?

It is critical to remember that in employment issues in the UAE, there is a legal time known as the statute of limitations. The statute of limitations is the time restriction for filing an employment case in the Labour Court in Dubai.

It is critical to remember that the Dubai Labour Court procedure has a one-year statute of limitations. It has been one year since the actions for your claim for damages originated. For instance, if you were fired on Jan 1, 2021, the deadline for filing an employment complaint is December 31, 2021. Now, in many cases, the date when the civil action arose is not always clear.

Someone, for instance, may want to advocate that they are eligible for gratuity. The compensation payments were due perhaps two years earlier. Now, calculating the statute of limitation is not as straightforward as one might think. Nonetheless, the Labour Court in Dubai will take all of these under consideration when listening to your case.

Regardless of what you believe, if they fire you on a specific date, and for instance, let us say that you were supposed to receive your welfare benefits within 3 months. Eventually, you do not receive those welfare benefits within those 3 months. Therefore, your statute of limitation does not begin to run on January 1, 2021. It begins to run three months later.

4. How does mediation work in employment court cases?

Labour Court in Dubai

  • After you file your claim with the authorities, they will arrange the mediation process on the back of the complaint. Before Labour Court in Dubai, mediation is a required stage in the process; however, it is not mandatory in the sense that the mediation authorities do not have the right to force parties to agree, compel parties to mediate, or force parties to even participate.
  • If the parties do not attend mediation, then they will consider mediation a failure. Therefore, if mediation fails, you must obtain a NOC, a no-objection document. Or a transfer notice from the relevant authorities or the Ministry of Labor. To go to the Dubai Labour Court location.
  • Then, once you get that transfer letter you can contemplate launching a complaint in Labour Court in Dubai. Significantly, if you are arriving from a free zone and your transferring notice is from a free zone, you must convert that transfer document. It has to be in a format acceptable for the Labour Court in Dubai or the Ministry of Labor before filing a formal court action.

It is more of an institutional step, but it is critical that you eventually take the paper and ensure that the content of that document is now published on the official Ministry of Labor authority’s template. This is significant since it is a technical regulation in the UAE system, and failure to do so may result in the Dubai Labour Court case status being rejected, even at the final step.

5. What kind of documentation or evidence are appropriate?

To file a claim with the licensing authority of employment or the official Ministry of Labor, you need to:

  • Report your employment agreement. In most cases, for all employees who are properly licensed and registered, the authorities have all the other documents. This makes the process of going to the Labour Court in Dubai easier.
  • Also, you may need any other type of documents that might not essentially be registered with the authorities as parts of the employment. Including bonus payments, even an invitation letter, or any other written communications that you would ultimately want to rely on.
  • Subsequently, you must now provide any further written communications that may exist as part of the document. WhatsApp messages, for example, and email communication are all acceptable evidence in the Emirates these days.
  • Ultimately, you can check the Dubai Labour Court online complaint requisites to make sure you are gathering all the important evidence.

Generally, it is a manner of payment, so any other files which might show that you are eligible for whatever sum of money that you are trying to claim are important. If you want to rely on those papers, be sure they are acceptable and that you get them legal translation before submitting them to the authorities.

5.1 Do I always need to translate or interpret the documents?

You do not need to interpret them for licensing authorities for mediation purposes. So, you do not need to interpret them when you go to mediation and register with the licensing authorities. You just present those documents and remember that the other side does not need to appear.

However, whenever you are set to go to Labour Court in Dubai, you must acquire all of those documents and have them officially translated into Arabic. This is critical since all hearings in local courts are in Arabic. Therefore, all papers are required by law to be officially translated into Arabic when presented to Labour Court in Dubai.

Remember that this is not merely an Arabic translation. Every document must have the mark of a legal translator. Only with that, it takes place as a valid legal document.

6. What is a Statement of Complaint?

The very first step in filing with the courts is to submit a Statement of Complaint. This Statement of Complaint is a straightforward form in which you express your claim. These papers are in the case taking place in Labour Court in Dubai to backup your claims.

There are two methods for filing in terms of the format:

  1. The most common way is to go to a typing facility or Al Adheed in almost any emirate. You may submit your demand through that specific typing facility.
  2. The alternative option is to use the internet portal. There has been an interesting technological revolution. Particularly in light of the pandemic for COVID-19, the Emirates and Smart Government have made significant strides in their growth. Many more court functions, as well as other state services, are now accessible on the internet, including filing civil lawsuits.

You must adhere to some procedures. To file online, you must have an Emirati ID and several additional documents on hand. Although you may do so through the typing facility or the internet portal, the requirements are the same.

7. How can we help you with your employment court case?

When it comes to filing a complaint about employment issues in the Labour Court in Dubai you need to count on legal representation. Sure, giving a call to the Labour Court number in Dubai could provide you with important information. However, it does not compare to the expertise of a legal team and a well-versed lawyer.

In Connect Legal, we are very proud of having the best legal representation you could find in the UAE. From defending you in Labour Court in Dubai to providing you legal assistance for your business. Additionally, any help you need with filing a complaint regarding labor issues will be taken care of.

Did you find this information useful? Would you like to know even more about the Labour Court in Dubai and how you can get justice? We are waiting for your call here at Connect Legal. We adapt to whatever feels more comfortable to you, an e-mail communication through contact@connectlegal.ae or perhaps a vocal conversation on +971 43 416 688.

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Sachi Goyal

Sachi Goyal
Sachi Goyal is pursuing her LLB graduation from Middlesex university specialized in Commercial Law, She now resides in Dubai and works as intern for Connect Resources in the Legal department mainly focusing on employment and Commercial Law.

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