Wednesday, January 10, 2024

Can you please guide me through the process of filing a labor complaint in the United Arab Emirates?

 One of the blog's viewers recently requested an explanation for the labor community in UAE, so I decided to address it.

Filing a labor complaint in the U.A.E. can be done through several channels, depending on your preference and the severity of the issue. Here are the main options: 

1. Ministry of Human Resources and Emiratisation (MOHRE): 

Filing a labor complaint through the Ministry of Human Resources and Emiratisation (MOHRE) is often the preferred route for most employment disputes in Dubai due to its focus on mediation and faster resolution times compared to the court system. Here's how you can file your complaint through MOHRE:

1. Choose your platform:

MOHRE website: Visit the e-Services section on the MOHRE website (https://eservices.mohre.gov.ae/) and register as a user. You can then choose between "Salary Complaint" or "Labour Complaint" depending on your issue.

MOHRE app: Download the Tawajud app and register using your Emirates ID or mobile number. You can find the complaint filing functionality within the app.

Tasheel service centers: Visit any Tasheel service center and request assistance filing your complaint.

2. Prepare your details:

Have your Emirates ID, employment contract, salary slips, and any relevant evidence supporting your complaint readily available.

Be prepared to provide details of your employer, including company name, contact information, and trade license number.

3. File your complaint:

Choose the appropriate category for your complaint, such as unpaid salary, unfair dismissal, contract violation, etc.

Clearly explain the issue and provide specific details of the alleged violation.

Attach any supporting documents to your complaint.

Review your complaint and submit it once complete.

4. Track your complaint:

You will receive a reference number for your complaint and can track its progress online through the chosen platform or by calling the MOHRE toll-free number (800 84).

MOHRE will attempt to mediate the dispute with your employer for 14 days.

If a resolution is not reached, you can choose to escalate the case to the relevant labor court.

Additional tips:Seeking legal advice before filing your complaint can be helpful, especially for complex cases.

2. Dubai Police:

Filing labor cases with the police in Dubai should be reserved for serious situations involving criminal elements like: 

Physical or mental abuse: If you have experienced physical harm or threats of violence from your employer, report it immediately to the Dubai Police by calling 999 or visiting any police station.

Harassment: In cases of persistent and offensive behavior that creates a hostile work environment, including sexual harassment, report it to the Anti-Cybercrime Unit of the Dubai Police.

Wage theft: If your employer has intentionally withheld your wages for an extended period without justification, it can be considered theft and reported to the police.

However, for most other labor disputes like unpaid overtime, contract violations, or unfair dismissal, pursuing a complaint through the Ministry of Human Resources and Emiratisation (MOHRE) is usually the recommended first step. MOHRE offers a streamlined mediation process to resolve issues without court involvement and is often faster and less expensive.

 Here's a quick overview of the two options:

 Reporting to the Police: 

Suitable for serious criminal offenses like abuse, harassment, and wage theft.

Call 999 or visit any police station.

Provide clear details of the incident and evidence if available.

Cooperate with the police investigation.

Here are some additional resources that you may find valuable: 

Dubai Police website: https://www.dubaipolice.gov.ae/

3. Labor Courts:

Filing a labor complaint through the Dubai Labor Court can be a complex process, but it's important to know your rights and how to pursue them if you've been wronged by your employer. Here's a step-by-step guide to help you navigate the process: 

1. Gather Evidence: 

Before filing your complaint, you'll need to gather all relevant evidence to support your case. This may include: 

  • Your employment contract
  • Salary slips
  • Performance reviews
  • Emails or other communication with your employer
  • Witness statements
  • Medical records (if applicable)

2. Prepare Your Complaint:

 

Your complaint should be a clear and concise document outlining the alleged violation of your employment rights. It should include: 

  • Your name and contact information
  • Your employer's name and contact information
  • A brief description of the issue
  • The specific laws or regulations that your employer has violated
  • The relief you are seeking (e.g., back pay, reinstatement, compensation)

3. Consult a Lawyer:

While having a lawyer represent you in the Dubai Labor Court is not mandatory, it's highly recommended. A lawyer can advise you on the best course of action, draft your complaint, and represent you in court. 

4. File Your Complaint with the Relevant Court: 

There are two main Labor Courts in Dubai: 

Dubai Court of First Instance: Handles cases with claims exceeding AED 200,000.

Dubai International Financial Centre (DIFC) Courts: Handles cases involving companies within the DIFC jurisdiction.

5. Attend Court Hearings: Once your complaint is filed, you will be notified of the hearing dates. It's important to attend all hearings and be prepared to present your evidence and answer questions from the judge.

 6. Appeal the Decision (if necessary): 

If you are unhappy with the court's decision, you have the right to appeal within 30 days. However, appeals can be lengthy and expensive, so it's important to discuss your options with your lawyer carefully. 

Additional Resources:

The official website of the Dubai Courts: https://dc.gov.ae/

The Ministry of Human Resources and Emiratisation (MOHRE): https://www.mohre.gov.ae/en/home.aspx

Here are some additional tips for filing a labor complaint in Dubai:

  • Be patient: The court process can take several months, so be prepared for a long wait.
  • Stay organized: Keep all your documents and paperwork in order.
  • Be professional: Always be respectful to the court and your employer.
  • Don't give up: If you believe you have been wronged, fight for your rights.

 There is a statute of limitations for filing labor complaints in the U.A.E., usually one year from the date of the alleged violation.

You are not required to pay any judicial fees for claims less than AED 100,000.

It is recommended to seek legal advice from a qualified lawyer if your case is complex or involves significant financial claims. 

This information helps you navigate the process of filing a labor complaint in Dubai. Remember, seeking legal advice is always recommended for complex cases or those involving significant financial claims.

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