The U.A.E Labor Law: Procedure to file a labour Case in the U.A.E

 Here are the steps on how to file a labour case in the UAE:

Check the eligibility criteria. Not all labour disputes can be filed in court. 

The eligibility criteria for filing a labour case in the UAE are as follows:

The employee must be a UAE national or a holder of a valid work permit.

The dispute must arise out of the employment relationship between the employee and the employer.

The dispute must be one that is covered by the Labour Law of the UAE.

The employee must have exhausted all internal remedies, such as mediation through the Ministry of Human Resources and Emiratisation (MOHRE).

The employee must file the case within one year of the date of the alleged violation.

The following are some of the matters that can be the subject of a labour lawsuit in the UAE:

1. Unfair termination of employment
2. Non-payment of wages
3. Overtime compensation
4. End-of-service benefits
5. Discrimination
6. Harassment
7. Health and safety violations

If you believe that you have a valid claim against your employer, you should consult with an experienced labour lawyer to discuss your options.

Here are some additional things to keep in mind about the eligibility criteria for filing a labour case in the UAE:

The Labour Law of the UAE is constantly being updated, so it is important to check with a lawyer to make sure that your claim is still eligible to be filed.

The eligibility criteria may vary depending on the specific emirate in which you are working.

If you are not a UAE national, you may have additional requirements that you need to meet in order to file a labour case.

The Labour Law of the United Arab Emirates (UAE) sets out a list of specific matters that can be the subject of a labour lawsuit.

Gather the required documents. The required documents will vary depending on the specific nature of the dispute. However, some common documents that may be required include:

A copy of your employment contract

Proof of your salary

Any other relevant documents that support your claim

File the complaint with the Ministry of Human Resources and Emiratisation (MOHRE). MOHRE is the government agency responsible for overseeing labour relations in the UAE. They will review your complaint and determine whether it is eligible to be filed in court.

If your complaint is accepted, MOHRE will attempt to mediate the dispute between you and your employer. If mediation is successful, the dispute will be resolved without the need for a court case.

If mediation is unsuccessful, you can file your case with the Labour Court. The Labour Court is the specialized court in the UAE that deals with labour disputes.

Here are some additional things to keep in mind when filing a labour case in the UAE:

You must file your case within one year of the date of the alleged violation.

The Labour Court will not hear your case if you have already filed a complaint with MOHRE and the mediation process has not been completed.

You will need to pay a court fee to file your case.

The Labour Court proceedings are conducted in Arabic.

Key regulations for settling individual labour disputes

Legislation for the settlement of individual labor disputes

The UAE’s laws guarantee the rights of both: the employer and the employee, especially in the event of a labour dispute between them. Both parties have the option of filing a labor complaint with Ministry of Human Resources and Emiratisation (MOHRE) through a few easy steps. The complaints will then be examined and settled amicably or referred to the judiciary, if an amicable settlement is not possible.

Laws regulating labour complaints in the UAE

The following laws provide for labour complaints in the UAE

Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector

Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Labour Relations and

Ministerial Resolution No. 47 of 2022 on the Settlement of Labor Disputes and Complaints Procedures.

I hope this helps! Let me know if you have any other questions.