The United Arab Emirates (UAE) is renowned for its thriving economy and employment prospects, which draw many foreigners from all over the world. In the UAE, nevertheless, disagreements between employers and employees are not unusual. Fortunately, Employees have the option to file a labour complaint with the Ministry of Human Resources and Emiratization (MOHRE) under such circumstances. In this blog article, we will guide you through the step-by-step process of submitting a labor complaint in the UAE, including the procedure to follow and the potential outcomes to expect.

So let us start and learn step by step.

Step 1: Know Your Rights

Understand Your Rights Before proceeding with a labor complaint, it is crucial to have a clear understanding of your rights as an employee in the UAE. Familiarize yourself with UAE labor laws, which outline the rights and responsibilities of both employers and employees. Key rights include:

• The right to an employment contract in writing that outlines all terms and conditions, including pay, working hours, and leave privileges.

• Depending on the industry and occupation, not everyone has the right to a minimum salary.

• The privilege of working in a secure and healthy atmosphere.

• A lump-sum payment provided to employees at the conclusion of their employment known as the right to end-of-service gratuity is based on their length of service and a final received paycheck.

• The right to public holidays, sick days, and other types of leave, including maternity leave.

Knowing your rights as an employee will help you understand whether you have a valid labour complaint and what outcome you can expect from filing it.

Step 2: Attempt to Resolve the Dispute Amicably

It is advisable to make every effort to peacefully resolve the conflict with your employer before resorting to filing a labor complaint. This phase holds significant importance as it provides an opportunity for both parties to reach a resolution without involving the MOHRE or pursuing legal action, which can be costly and time-consuming. Engaging in informal discussions can often lead to a satisfactory resolution. However, if informal conversations fail to resolve the dispute, seeking the assistance of a mediator is a viable option. The MOHRE offers mediation services, where a neutral mediator acts as a third party to facilitate constructive dialogue and help the parties reach a mutually agreeable solution.

In the event that mediation proves ineffective in resolving the conflict, it may be beneficial to consult with a UAE labor law expert for professional legal advice. A lawyer specializing in labor law can provide guidance on your legal rights and options, and they may also be able to communicate with your employer on your behalf, aiming to find a satisfactory resolution.

Step 3: Prepare Your Labour Complaint

To file a labour complaint in the UAE, you need to prepare a written complaint that includes the following details:

• Your name, address, and phone number information.

• Employer information Name, Address, and Contact Information.

• Complaint details: the particular problem, and how it affected you.

• Supporting records: Salary stubs, employment contract, and any other relevant records.

Make sure complaint is factual and provides all relevant details to support your case. Keep copies of all documents and correspondence related to your complaint for future reference.

Step 4: Submit Your Labour Complaint

Once your labour complaint is ready, you must send it to the MOHRE. The investigation process is started at this key stage, and the MOHRE will only look at complaints that are presented in the proper manner and with all the necessary information. This can be done in person at a MOHRE office, online through the MOHRE website, or via the MOHRE mobile application. You must present your Emirates ID, passport, or resident visa while filing your complaint.

Step 5: Follow-Up on Your Complaint

After submitting your complaint, you can track its progress through the MOHRE website or mobile application. The MOHRE will acknowledge receipt of your complaint and provide a reference number for tracking purposes. They may contact you for further information or arrange a meeting with your employer. If the MOHRE determines that your employer violated labor laws, they will issue a ruling and provide instructions on resolving the dispute.

Step 6: Outcome of the Complaint

Upon completion of the investigation, the MOHRE will reach a decision based on the merits of the case and supporting evidence. The possible outcomes of a labor complaint may include:

• Compensation for any unpaid salaries or end-of-service gratuity

• Reinstatement in case of unfair dismissal

• Termination of employment contract if the employer breached labor laws

• Imposition of fines on the employer for labor law violations

• Updating of employment contracts to comply with labor regulations

• Any other appropriate measures to resolve the dispute

It is Important to note that the MOHRE’s decision is final and binding, and both the parties. If either the employer or employee disagrees with the decision, they have the option to appeal to the UAE courts within 30 days.

Conclusion

Filing a labour complaint in the UAE can be a daunting process, but it is essential to protect your rights as an employee. Before filing a complaint, it is crucial to know your rights, attempt to resolve the dispute amicably, and prepare a well-documented complaint with supporting evidence. The MOHRE will investigate your complaint and issue a decision, which may include financial compensation, reinstatement in your job, or other appropriate action. It is important to remember that the MOHRE decision is final and binding, and both parties must abide by it. By following the steps outlined above, you can ensure that your labour complaint is filed correctly and increase your chances of a positive outcome.

Contact the Office of Shoeb Saher for assistance with your labor complaints. With extensive knowledge and years of experience in labor law matters, Shoeb Saher is dedicated to providing guidance and support. Whether you are facing issues with your employer or need advice on labor-related matters, the Office of Shoeb Saher is here to help. Don’t hesitate to reach out for the best knowledge and support to address your specific situation.