Complaint Mechanism in UAE for Labour Employment Disputes

Expats come to UAE for better career, life and job opportunities. UAE labour laws are the laws to comprehend the labour subjects in UAE, as well as labor disputes. The Ministry of Human Resources and Emiratisation (MOHRE) can address those issues. MOHRE is created to deal with labour complaints, labour disputes and recently MOHRE is also granted the provision to issue the decision but for the claim amounts less than AED 50000. But this decision can be challenged in the appeal court. The organization ensures that the rights of the employer and the employee are protected in United Arab Emirates. However, MOHRE is the authority that files complaints and tracks them for the best outcome. Lawyers in Dubai are known for labour and employment cases in United Arab Emirates.

Let’s discuss the overview of the MOHRE complaint system. When a conflict occurs in the workplace, the employee or the employer makes an MOHRE complaint. The MOHRE ensures that those complaints are resolved according to the UAE labour law. The common issues that MOHRE addresses are quite simple in nature. They are usually related to unpaid wages, wrongful termination, labour bans, absconding, breach of the employment contract, non-competition complaints, non-disclosure complaints, work-place discrimination work-place harassment at work, workers’ compensation, and other job related problems with visa status. Filing a complaint to MOHRE is the perfect legal action to get justice in the UAE and this is also the only way as well. If a personal mediation is performed then the mediation is considered as outside the court activity not a court or legal activity.

The employer and the employee must be eligible to make a complaint to the MOHRE.  An employee can make a complaint to the MOHRE if they feel their rights are violated, whereas the employer must prove that their employee has breached the employment contract. Therefore the eligibility factor is checked. The complaints can be rejected as well if do not meet with the eligibility criteria. This is the first step in taking legal action against something going wrong at the workplace by lodging the complaint.

You can file a complaint to the MOHRE in various ways. The foremost thing to do is to use the MOHRE mobile app, which is available on your smartphone (Android and iOS). Secondly, you can follow the steps on MOHRE’s website. Additionally, you can file a complaint using a toll-free number. Last but not least, the Tasheel service centers can help you in filing a complaint.

You will need to have the following documents to validate your complaint to the MOHRE:

• Valid Emirates ID and passport details
• Job Offer Letter and Employment Contract
• Details of the problem that you are facing under the UAE labour law.

Once the complaint is submitted and registered then 48 hours are granted, to both the parties to resolve the matter amicably. If it is not then MOHRE starts its proceedings.

You can track your complaint status on MOHRE’s website or mobile app. It makes the MOHRE system very transparent. Both platforms are user-friendly. However, you must mention the necessary details to access the private data of your complaint.

The complaint mechanism is transparent. It follows a proper procedure as follows:

1. Complaint Review

Once the complaint is submitted to the MOHRE portal, it is sent for review. During this process, MOHRE might ask for additional information.

1. Mediation

Before the MOHRE decides the conclusion, it proposes both parties should talk to each other through a mediator. This is an amicable solution to many problems.

• Court Referral

If mediation does not work, the case is taken to the labour court, where the judgment is made and enforced on both parties.

Managing the MOHRE complaint is not very difficult due to services provided by MOHRE, however, there are some ways and protocols to be followed as follows;

• Provide all supporting documents and proofs while submitting your complaint online or by call.
• Keep on checking check the complaint status.
• Attend the mediation sessions because that is the quickest and important. Complaint can be eliminated if not attended.
• Do not jump to conclusions. Always hire an employment lawyer who can advise you in this situation.
• Get your rights known to yourself by hiring a labor lawyer. It will boost your confidence as you understand your job status and obligations as a worker in the UAE.

Different outcomes happen once you have submitted your complaint to MOHRE. If the mediation fails, the labor courts will make the final judgment after reviewing the case or MOHRE can also pass the judgement if the claim amount is less than AED 50000.

MOHRE complaint system is very supportive because it is accessible to everyone. Procedure is streamlined, and robust solutions to complaints. The mediation part is also interesting and beneficial for both parties because it can resolve the conflict amicably.

If you want to avoid getting help from the MOHRE, there are other ways to resolve your disputes at work. Talking to your workplace’s Human Resources (HR) department could be helpful or lawyers in UAE. Human Resource Department or lawyers can help by resolving the dispute amicably outside the court.

It is advised to hire a lawyer only if you have a referral; otherwise, MOHRE is the best technique for the complaint system. Employers must know their responsibilities and rights in the UAE to use MOHRE efficiently.

The MOHRE plays a significant role in the UAE’s business sector as it ensures employee and employer relations. However, tracking your complaint is also useful for understanding the UAE labour laws and validates the authenticity of the Ministry. It is efficient and fair because most things happen online and automatically. At MOHRE, employers and employees can address their grievances if they comply with UAE labor laws. If you face any problem at the workplace in the UAE, you must talk to a labour lawyer who can guide you through the MOHRE complaint system.