MOHRE, EOS Disputes and Mediation Process

MOHRE or Ministry of Human Resource and Emiratization, has authority to set mediation and resolve the disputes between the parties or among the parties. EOSB or End of service benefits, is proved a major dispute between two parties employer and employee. Employer offers a different calculation and employee thinks that he needs a different calculation. MOHRE has a right to do mediation and resolve the dispute of EOSB between two parties.

As per new Law MOHRE is also granted provision to take few decision as well, but in few conditions. Article 54 of UAE Labour Law, defines this the “MOHRE Authority Expansion”. Where MOHRE is allowed to take the decision if the labour/employment disputes are less than 50000 AED in total amount. MOHRE can pass here the executable judgements, if the conditions are also met e.g. non-compliance matters and both parties are not agreed or having consensus.

Apart from this new law, MOHRE was also provided the right to conduct mediation between the parties so the dispute could be finished at MOHRE level. MOHRE level is a pre-court level where it is tried by the MOHRE, to resolve the matter amicably. Therefore it is said that MOHRE has right to perform the mediation process and Labour Law UAE supports MOHRE for this act. If the subject could not be resolved or not able to be resolved then MOHRE also has right to transfer to court. Apart from these all options, if either or both parties do not purse of follow the initial complaint then complaint can also be canceled by MOHRE. Employees who have a service of less than a year, can’t be entitled for EOSB.

Read New MOHRE Law Here

• Employee has to resign from his position or he is terminated from his services.
• Employee has to provide notice period working, as per the employment contract. If he does not serve then he has to pay the full salary to employer and vice versa.
• For the first 5 years, the gratuity is calculated on 21 days and for other tenure, which is after 5 years, the gratuity is calculated on 30 days.

14 Days’ mandated notice need to be served as per standard Law on probation. Notice period time can be 1 to 3 months after the completion of probation period. If the employee is not leaving UAE, then notice period will be 30 days.

• Labour and Employment Lawyers are needed for legal advice.
• These advocates are needed for court cases as well as legal documentation.
• At MOHRE level, these advocates and legal consultants, can’t appear, or represent.
• These lawyers can represent the clients in court cases and execution.
• These lawyers and legal consultants should be Emirati when court representation comes for the consideration.