59A7D41EB44EABC4F2C2B68D88211BF4 UAE Visa Rules & Procedures - UAE Law Updates for 2025: UAE Labour Law
Showing posts with label UAE Labour Law. Show all posts
Showing posts with label UAE Labour Law. Show all posts

Sunday, March 16, 2025

UAE End-of-Service Benefits: Gratuity & Investment Options

 Understanding UAE gratuity calculations involves navigating key aspects of the UAE Labour Law, particularly Federal Decree-Law No. 33 of 2021, and subsequent ministerial resolutions. Here's a breakdown of the essential points:

Key Points:


  • Basis of Calculation:
    • Gratuity is calculated based on the employee's basic salary, excluding allowances like housing, transportation, or other benefits.
  • Eligibility:
    • Generally, an employee must complete at least one year of continuous service to be eligible for gratuity.
  • Service Duration and Calculation:
    • The calculation varies based on the length of service. Key considerations include:
      • For service between 1 and 5 years: 21 days' basic salary for each year of service.
      • For service exceeding 5 years: 30 days' basic salary for each additional year of service beyond the initial five.
    • There is a maximum gratuity amount, that cannot exceed two years worth of the employees basic salary.
  • Calculation Formula:

    • For service of 1 to 5 years: Gratuity = (Basic Salary × 21 days × Years of Service) ÷ 30
    • For service exceeding 5 years: Gratuity = (Basic Salary × 30 days × Years of Service) ÷ 30
  • Contract Types:
    • While distinctions between limited and unlimited contracts existed, the new labour law has streamlined contracts, but the manner in which resignations affect the calculation can still vary.
  • Resignation vs. Termination:
    • How the employment relationship ends (resignation or termination) can affect the gratuity amount, particularly in cases of resignation with shorter service periods.
  • The Savings Scheme:
    • It is important to note that there is now an alternative end-of-service benefits system, called the savings scheme. This is an optional alternative. Where employers can subscribe to investment funds for their employee's end-of-service benefits. This is a new development within the UAE labor law.
  • Relevant Legislation:
    • Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Labour Relations.
    • Cabinet Resolution No. 96 of 2023 Regarding an Alternative End of Service Benefits System.
    • Cabinet Resolution No. 1 of 2022 on the Implementation of the Regulation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Labour Relations.  

Important Considerations:

  • It's crucial to refer to the latest official sources for the most accurate and up-to-date information, as labor laws can be subject to change.
  • Consulting with legal professionals or HR experts in the UAE is recommended for specific cases or complex calculations.

I hope this information is helpful.

new gratuvity payment system in dubai

It's important to understand that while the core principles of UAE gratuity remain, there's a significant development with the introduction of an alternative end-of-service benefits system, often referred to as the "savings scheme." Here's a breakdown:

Traditional Gratuity:

  • This system, based on the UAE Labour Law, calculates gratuity based on an employee's basic salary and years of service.
  • It involves lump-sum payments upon the end of an employee's service.
  • This system is still in place.

The New Savings Scheme:

  • This is an alternative end-of-service benefits system. It's not a complete replacement of the traditional gratuity, but an optional alternative.
  • It involves employers contributing to investment funds on behalf of their employees.
  • The employee's end-of-service benefits then depend on the performance of these investments.
  • Key aspects of this scheme include:
    • Employers make monthly contributions to investment funds.
    • Employees can also make voluntary contributions.
    • The final payout to the employee includes the employer's contributions and any investment returns.
    • This is regulated by Cabinet Resolution No. 96 of 2023.
  • This system is designed to provide greater financial security for employees.

Key Considerations:

  • The savings scheme is an optional alternative for employers.
  • The traditional gratuity system remains in place.
  • It is important to understand the details of each system to make informed decisions.
  • It is always best to refer to the official sources from the UAE government, such as the Ministry of Human Resources and Emiratisation (MoHRE), for the most accurate and up-to-date information.

In essence, Dubai, and the wider UAE, have introduced a new, investment-based option for end-of-service benefits, giving employers and employees more flexibility.

#UAELabourLaw #UAEGratuity #EndofServiceBenefits #UAEEOSB #UAESavingsScheme #GratuityCalculation #MoHRE #EmploymentRightsUAE #FederalDecreeLaw33 #UAESavingsPlan #EmployeeInvestmentUAE #CabinetResolution96 #AlternativeEOSB #UAEJobs #WorkingInUAE #DubaiJobs #UAEBusiness #UAELegal #UAERules #Dubai #UAE #UAEGuide #ExpatUAE #LearnUAE #UAEFinance" 

Thursday, March 13, 2025

Stay Ahead with 2025's Crucial Updates on UAE Employment Laws

 

You are fired

This document outlines the provisions related to termination without notice and suspension under the prevailing United Arab Emirates (UAE) Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (“New Labour Law”), effective February 2, 2022, as amended by subsequent legislation, including the 2025 amendments. This law governs employment relations in all private sector establishments within the UAE, excluding those operating within the Dubai International Financial Centre and Abu Dhabi Global Market. This revision incorporates significant changes designed to align UAE employment legislation with recognised global standards and evolving market practices. #UAELabourLaw #EmploymentLaw #UAEJobs #HRUAE #LegalUAE

Termination Without Prior Notice (Article 44)

Article 44 of the New Labour Law, as amended, delineates the circumstances under which an employer may terminate an employee's employment summarily, without providing prior notice. The following constitute grounds for such termination:

1.    False Identity/Forgery: If the employee assumes a false identity or submits forged certificates or documents. #Fraud #Forgery

2.    Material Loss/Damage: If the employee commits an error resulting in material losses to the employer or deliberately causes damage to the employer's property, provided the employee admits to the error and the employer notifies the Ministry of Human Resources and Emiratisation (“MOHRE”) within seven (7) working days of becoming aware of the incident. #MOHRE #Damage

3.    Violation of Rules/Safety: If the employee violates the establishment's rules and regulations concerning work or safety measures, despite having knowledge of such rules. #WorkplaceSafety #Compliance

4.    Failure to Perform Duties: If the employee fails to fulfill their contractual duties and does not rectify such failure after receiving two (2) written warning letters and being subject to a written investigation. #EmploymentContract #WarningLetter

5.    Disclosure of Confidential Information: If the employee discloses confidential information related to industrial or intellectual property, resulting in material loss or loss of opportunity to the employer, or personal gain to the employee. #Confidentiality #IntellectualProperty

6.    Public Morals/Substance Abuse: If the employee commits an act against public morals at the workplace or is found to be under the influence of narcotics or in a state of intoxication. #WorkplaceEthics #SubstanceAbuse

7.    Assault: If the employee commits a verbal, physical, or other form of assault punishable by law against the employer, manager, supervisor, or co-worker. #WorkplaceViolence #Assault

8.    Unauthorized Absence: If the employee is absent from work without justification for more than twenty (20) non-consecutive days in a year, or more than seven (7) consecutive days. #Absence #Attendance

9.    Abuse of Position: If the employee abuses their position to obtain personal gains or profits. (2025 Amendment) #Ethics #AbuseOfPower

10.                  Unauthorized Employment: If the employee joins another establishment without adhering to the applicable legal procedures. (2025 Amendment) #LabourPermit #WorkPermit

Comparative Analysis and Key Changes

Procedural Requirements: The New Labour Law provides enhanced procedural clarity regarding summary dismissal. In cases of failure to perform duties, employers must conduct a written investigation and issue two (2) warning letters, a requirement absent in Federal Law No. 8 of 1980. #LegalUpdate #LabourReform Probationary Period: The New Labour Law addresses termination during the probationary period separately under Article 9, thus removing it from the grounds for immediate dismissal under Article 44. #ProbationPeriod End-of-Service Gratuity: A significant departure from Federal Law No. 8 of 1980 is that employees summarily dismissed under Article 44 remain entitled to their end-of-service gratuity. This overturns previous judicial interpretations that allowed forfeiture of gratuity in cases of summary dismissal for breach of contractual duties. #Gratuity #EndOfService Confidential Information: The New Labour Law specifies that the disclosure of confidential information must result in material loss, loss of opportunity, or personal gain to warrant summary dismissal. This provides greater clarity compared to the broader provisions of Federal Law No. 8 of 1980. #LegalClarity Notification Timeline: The notification period for material loss incidents to MOHRE has been extended from 48 hours to seven (7) working days. #Notification 2025 Additions: Articles 44 (9) and (10) add specific legal grounds for dismissal without notice. #Amendment

Suspension (Article 40)

While this document primarily addresses termination, it is pertinent to note that Article 40 of the New Labour Law governs the temporary suspension of employees. This article should be consulted for the specific conditions and procedures related to employee suspension. #EmployeeSuspension

Disclaimer:

This document provides a general overview and should not be construed as legal advice. Employers and employees are advised to seek professional legal counsel to ensure compliance with the New Labour Law and any subsequent amendments. #LegalAdvice #ComplianceUAE

Monday, August 12, 2024

Breaking: Heavy Fines for UAE Employers Who Violate Labor Laws

 A new federal decree-law has been issued, amending existing regulations and imposing fines of up to Dh1 million for various offenses.

Key Violations and Penalties:

  • Employing workers without permits or providing jobs: Fines ranging from Dh100,000 to Dh1 million.
  • Closing a business without settling worker rights: Fines ranging from Dh100,000 to Dh1 million.
  • Fraudulent labor practices: Criminal penalties for actions like fictitious Emiratization.

Key Changes:

  • Steeper Penalties: Employers face fines ranging from Dh100,000 to Dh1 million for offenses including:
    • Employing workers without valid work permits or providing jobs
    • Closing businesses without settling worker entitlements
    • Engaging in fraudulent labor practices like fake Emiratization
    • Employing minors illegally
    • Circumventing labor market regulations
  • Settlement Options: The Ministry of Human Resources and Emiratization can now negotiate settlements where employers pay half the minimum fine and reimburse government incentives obtained through fraudulent practices.
  • Criminal Charges: Criminal proceedings for fake Emiratization can only be initiated by the Ministry or its authorized representative.
  • Dispute Resolution: Labor disputes will primarily be handled by the Court of First Instance, streamlining the process.
  • Statute of Limitations: Claims related to employment termination must be filed within two years.

Aim of the New Law

These amendments aim to enhance labor market efficiency, protect worker rights, and deter illegal practices. By clarifying regulations and imposing stricter penalties, the UAE seeks to create a fairer and more competitive employment landscape.

Would you like to know more about a specific aspect of the new law or its potential impact on businesses? 

Sunday, April 21, 2024

How can an employer impose a labour ban on employees in the United Arab Emirates?

How can an employer impose a labour ban on employees
 Yes, an employer can impose a Labour Ban on an employee in the UAE under certain circumstances. The Labour Law (Federal Decree-Law No. 33 of 2021) doesn't explicitly mention "Labour Bans" but creates situations where an employee might be restricted from seeking new employment for a specific period. 

Here's how an employer can potentially trigger a Labour Ban: 

Violation of Employment Contract: If an employee breaches the terms of their employment contract in a significant way (e.g., abandoning the job, absconding), the employer might report them to the Ministry of Human Resources and Emiratisation (MoHRE). MoHRE can then restrict the employee from obtaining a new work permit for a period. 

End of Contract: In some cases, even if the contract ends normally, the employer might have the discretion to request a Labour Ban from MoHRE. However, the reasons for such a request must be legitimate and verifiable.

Important Considerations:

MoHRE Approval: MoHRE has the final say on imposing a Labour Ban. They will investigate the employer's complaint before deciding.

Employee Rights: Employees have the right to challenge unfair Labour Bans imposed by employers through MoHRE or the court system.

Ban Duration: The Labour Ban typically lasts for 6 months to 1 year, depending on the severity of the situation.

Here are some resources for further information:

MoHRE Website: The MoHRE website provides a good starting point for understanding Labour Bans [UAE labour ban ON u.ae].

Legal Counsel: Consulting with a lawyer specializing in UAE Labour Law is highly recommended for navigating specific situations and understanding your rights if facing a Labour Ban.

Exceptions to Employment Bans in the UAE

There are some situations where an employee may not receive a labour ban, even if they violate their contract. These exceptions are outlined in Cabinet Resolution No. 1 of 2022. Cabinet Resolution No. 1 of 2022 deals with the implementation of Federal Decree-Law No. 33 of 2021, also known as the new UAE Labor Law.

  • Residence Visa: by Article 11 and Article 28 (2) of Cabinet Resolution No. 1 of 2022, an employment ban may not apply to employees who hold a family-sponsored UAE residence visa, you likely won't get a labour ban.
  • Same Employer: If you're applying for a new work permit with the same company, a ban is usually not applied.
  • In-Demand Skills: If you possess professional qualifications, skills, or knowledge that the UAE needs, you may be exempt.
  • Golden Visa Holders: Those with a Golden Residency visa typically avoid labour bans.
  • Other Exemptions: The Ministry of Human Resources and Emiratisation (MOHRE) may designate other professional categories as exempt.

Recommendations

Generally, it's recommended to resign by following the stipulated notice period to avoid any complications. However, if you fall under one of the exempt categories mentioned above, you likely won't face a labor ban.

Remember, this information is for general knowledge only. If you're unsure about your specific situation, it's always best to consult with a lawyer specializing in UAE labour law.

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.

Wednesday, December 13, 2023

The U.A.E Labour Law -Article 54 Federal Decree-Law 20 of 2023 takes effect on January 1, 2024

 As of today, December 12, 2023, Article 54 of the Labour Law (Federal Decree-Law 20 of 2023) hasn't come into effect yet. The amended provisions only take effect on January 1, 2024. However, I can give you a summary of the key changes it introduces:

 Enhanced powers for the Ministry of Human Resources and Emiratisation (MOHRE):

 Final judgment authority: This empowers MOHRE to issue final judgments in certain cases, reducing the need for court proceedings and potentially speeding up dispute resolution.

Enhanced settlement facilitation: While encouraging amicable settlements remains a critical step, MOHRE now has more authority to intervene and guide parties toward solutions.

MOHRE gains the power to issue final judgments on employment disputes under certain conditions. This applies to cases where the claim value is below AED 50,000 or if parties reject an amicable settlement, regardless of claim value. Previously, all disputes went to court.

MOHRE is still responsible for attempting amicable settlements before issuing a final judgment.

Execution of decisions Final judgment authority: MOHRE decisions can be directly enforced, similar to court judgments, offering faster resolution and streamlined enforcement. It's certainly a significant shift in the landscape of employment dispute resolution in the UAE, with potential benefits for both employers and employees. By streamlining the process and empowering MOHRE, the aim is to create a more efficient and accessible system for resolving workplace issues.

Other key points: The existing provisions on submitting an initial request to MOHRE and pursuing an amicable settlement remain largely unchanged. This change aims to expedite resolutions and reduce the strain on the court system.

Appeal rights to higher courts still exist for dissatisfied parties. It's worth noting that legal interpretations and procedures may evolve, so seeking professional advice from qualified lawyers specializing in UAE labor law is always recommended for specific cases.

 Upcoming  Changes Labour Law UAE in 2024

While the major changes in UAE Labour Law took place in February 2022, there are a few key updates and developments expected in 2024:

 Emiratisation: Quotas for smaller companies: Companies with 20 to 49 employees will be subject to Emiratisation quotas for the first time. They must hire at least one UAE citizen by December 31, 2024, and another by December 31, 2025.

Increased quotas for larger companies: The existing quotas for companies with 50 or more employees will continue to increase, reaching 6% by the end of 2024, 8% in 2025, and 10% in 2026.

Fines for non-compliance: Companies failing to meet their Emiratisation quotas will face fines of AED 96,000 for the year 2024 and AED 108,000 for 2025.

Other potential changes:

Regulations on remote work: The Ministry of Human Resources and Emiratisation (MoHRE) is expected to finalize regulations on remote work in 2024, outlining requirements for employers and employees.

Changes to probation periods: The MoHRE may review and potentially adjust the current probation period of six months for new employees.

Social security contributions: The government may consider adjusting the social security contribution rates for employers and employees.

Important note: These are potential changes and may not be confirmed until official announcements from the MoHRE. It's always advisable to stay updated with the latest news and regulations from reliable sources like the MoHRE website or legal professionals specializing in UAE labor law. 

Monday, August 21, 2023

The U.A.E Labour Law and new changes in 2022-23

 The UAE Labour Law is a comprehensive set of regulations that govern the employment relationship between employers and employees in the UAE. The law was last amended in February 2022, and the new changes are designed to improve the working conditions for employees and strengthen their rights.

Some of the key changes to the UAE Labour Law in 2022-23 include:

The introduction of fixed-term employment contracts: All employees in the private sector must now be employed on fixed-term contracts of up to three years. This is a significant change, as previously employees could be employed on indefinite contracts.

The abolition of the no-objection certificate (NOC) requirement: Employees who wish to change jobs no longer need to obtain a NOC from their current employer. This makes it easier for employees to move jobs and improve their career prospects.

The introduction of a minimum wage: The UAE government has set a minimum wage of AED 3,000 per month for all employees in the private sector. This is a major step towards improving the living standards of low-income workers.

The strengthening of anti-discrimination provisions: The law now prohibits discrimination in employment on the basis of race, religion, gender, nationality, or disability. This is a positive step towards creating a more inclusive workplace.

The introduction of new maternity and paternity leave benefits: Employees are now entitled to 45 days of paid maternity leave, and 10 days of paid paternity leave. This is a significant improvement on the previous arrangements.

These are just some of the key changes to the UAE Labour Law in 2022-23. The new law is a significant step forward in protecting the rights of employees and improving their working conditions.

If you are an employee in the UAE, it is important to be aware of the new changes to the Labour Law. You can find more information on the Ministry of Human Resources and Emiratisation website.https://eservices.mohre.gov.ae/tasheelweb

Saturday, July 22, 2023

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.

Monday, July 3, 2023

The U.A.E Labor Law: What You Need to Know in 2023

 The UAE Labor Law was last updated in February 2022, and it introduced a number of new changes for both employers and employees. Some of the key changes include:

  • The introduction of fixed-term employment contracts: Under the new law, all employees in the private sector must be employed on fixed-term contracts, with a maximum duration of three years. This change was made in order to provide greater flexibility for both employers and employees, and to make it easier for employers to terminate contracts without having to pay severance.
  • An increase in the mandatory Emiratization quota: The new law also increases the mandatory Emiratization quota for private sector companies. From January 1, 2023, at least 2% of a company's workforce must be UAE nationals. This quota will increase by 2% each year, until it reaches 10% in 2026.
  • New provisions on harassment and bullying: The new law also includes new provisions on harassment and bullying in the workplace. These provisions make it clear that employers have a duty to protect their employees from harassment and bullying, and they also set out the steps that employers must take if they become aware of such incidents.
  • Changes to the leave and holiday entitlements: The new law also makes some changes to the leave and holiday entitlements of employees. For example, the maximum amount of annual leave that an employee can take has been increased from 30 to 35 days. These are just some of the key changes to the UAE Labour Law in 2023. If you are an employer or an employee in the UAE, it is important to familiarize yourself with these changes in order to ensure that you are complying with the law.In addition to the above, here are some other things you need to know about the UAE Labour Law in 2023:
  • The minimum wage: The minimum wage in the UAE is AED 3,000 per month for employees aged 18 and over. This applies to all employees in the private sector, regardless of their nationality or the type of work they do.
  • Overtime: Employees are entitled to overtime pay if they work more than eight hours per day or 48 hours per week. The overtime rate is 1.5 times the employee's regular hourly rate.
  • Termination of employment: An employer can terminate an employee's contract for a number of reasons, including redundancy, misconduct, or poor performance. However, the employer must give the employee written notice of termination, and the amount of notice required will depend on the employee's length of service.
  • End of service gratuity: When an employee's contract ends, they are entitled to an end of service gratuity. The amount of gratuity is calculated based on the employee's salary and length of service.
  • If you have any questions about the UAE Labour Law, you can contact the Ministry of Human Resources and Emiratisation (MoHRE). You can also find more information on the MoHRE website.