Labour Court Dubai 2024: File a Complaint Regarding Labour Issue

With the help of the Labour Court Dubai, you can resolve labor disputes easily, impartially, and quickly. Likewise, you will resolve issues that could be uncomfortable when you have bad interactions with an employee. In this case, with the resolution of the complaints regarding the work environment, it would be balanced again.

In this article, you will learn how the labor tribunal works in the Emirates and the processes they will have to follow to resolve complaints. Also, you will learn about some alternatives for resolving additional conflicts in court.

Introduction

The Labour Court Dubai will always be the last resort to resolve conflicts that may arise in a company. Generally, the immediate solution would be a negotiation between both parties without the intervention of a court. However, sometimes the conflict cannot be resolved in this way, requiring judicial proceedings.

The Significance of Dubai Labour Court in Dispute Resolution

The Labour Court represents an important part of the labor justice method in the UAE as it provides an efficient solution to disputes. Likewise, one of its functions is to apply labor laws and protect the rights of employees in companies.

Filing a Complaint: Labour Issues in Dubai

A person facing a labor dispute in Dubai will find the Labor Court to be a reliable resource to resolve it. Before this entity, you can present your complaint to the court without the need to face an ordinary judicial process. In this case, the court will review the complaint through a legal team and will proceed to make decisions quickly and efficiently.

Understanding the Current Legal Landscape

Currently, the legal system implemented new labor laws in Dubai for the process of labor disputes. Below you can see what these updates look like and their impact on the complaints system:

Recent Updates in Dubai Labour Laws for 2024

Previously, if you as an employee or employer presented a complaint to MOHRE, the entity proceeded to amicable mediation between both. Otherwise, it was referred to a court for resolution. Currently, MOHRE will have the authority to apply a ruling in the case of a dispute with the following commissions:

• If the amount to be claimed is less than AED 50000.
• If the complaint is due to the lack of commitment to a friendly settlement agreement already resolved by the MOHRE. In this case, the amount that is being claimed will not matter.

Impact on Complaint Filing Process

The MOHRE is the one who will issue the final decisions under the previous conditions and will be for both private sector workers and companies. Likewise, the main objective of this new provision is to save effort and time by streamlining the processes and for the claimant to obtain their legal rights.

Streamlined Complaint Process: Filing in Dubai Labour Court Made Easy

Employees belonging to the private sector will obtain the resolution of their labor disputes quickly thanks to the amendment to the labor law. In this case, this change is effective from January 1, 2024. Next, we will show you the methods currently available to file the labor complaint:

MoHRE’s Call Submission

You can use the Labour Court Dubai number to raise any matter or complaint related to your employment. In this case, you can contact the MOHRE number 80084 directly, which is free of charge.

Online Submission

Another method to file your complaint is through the MOHORE web platform where you can find a tab for Labor Complaints. Afterwards, you must start the service and you will receive a list of questions that you will have to answer specifically about your complaint. Finally, you must wait a period of 10 days to receive your response.

Tasheel Submission

Finally, you can present your complaint in person by going to the Tasheel service center. In this case, you can submit your claim having the following supporting documents on hand:

• The employment contract to review the terms
• Work permit
• Your visa
• Contact information

Finally, once the complaint is filed, you will have to wait around 15 business days to resolve the problem.

Preparing to File a Complaint

To file the complaint with the Labour Court Dubai or with MOHRE, you must prepare everything necessary in advance. Next, we will show you the aspects that you should take into account for this process:

Identifying Labour Issues

Next, you will see possible reasons for the MOHORE intervention:

• Complaints in cases of non-payment or delay in the payment of wages,
• Discrimination or unfair treatment
• Contract violations or other workplace-related complaints.

Collecting Supporting Documentation

To file a complaint with MOHRE, have evidence at hand to support the case presented. Thus, within the documents are the following:

• Employment contracts
• Payrolls
• Bank statements
• Emails
• Any other relevant correspondence
• Statements or testimonials from colleagues to validate your claims

Therefore, be rigorous with the collection of evidence because the more present and relevant it is, the stronger the case will be.

Importance of Legal Advice

For the process of filing a complaint, you will need to find a professional in the legal business. Likewise, professionals will know how to start doing the procedure in detail and guide you through the entire process.

Step-by-Step Guide to Filing a Complaint

To file a complaint with Labour Court Dubai or MOHRE, you will need to follow certain guidelines to do so correctly. Next, you will see the step by step to make the formal presentation of a labor conflict or complaint:

Required Forms and Documents

First, complete the form provided by MOHRE, which you can acquire by visiting the portal or going to its offices. Similarly, the form must be filled out with personal information about you, the employer, the company, and the reason for filing the complaint. Additionally, please attach all necessary documents mentioned above to support the application.

Detailed Filing Process

Once you fill out the form and have the documents to support the complaint, you can submit it to MOHRE online or in person at the offices. Also, make copies of all the documentation you are submitting so that you have a record before you proceed to submit them. Additionally, you must know that there is a limited time to file a complaint,

Therefore, we advise you to file it quickly after any labor violation. Then, once your case has been submitted, you will receive a receipt issued by MOHRE indicating that they received your case and will carry out the investigation process.

Tips for Completeness

MOHRE will complete the investigation and may decide whether to resolve with arbitration or mediation. Likewise, both arbitration and mediation are confidential, thus guaranteeing impartiality and fair treatment for both parties.

Alternative Dispute Resolution Options

In addition to resolving disputes at the Labour Court Dubai address or with MOHRE, you may resolve disputes in other ways. Below you will see the possible options that you can use within your company for this particular:

Exploring Non-Court Resolutions

• The facilitation. This method is useful for solving low or medium-severity problems. To do this, you will need an impartial mediator to guide the discussion until a solution is reached.
• The arbitration. It is useful in situations that are not very serious but need to be resolved quickly. In this case, as in the previous one, there will be a mediator, preferably from Human Resources, who will hear the arguments of both parties and propose a possible solution.
• A negotiation. In this case, the collaborators will try to reach an agreement to end the conflict respectfully and peacefully.
• The Mediation. This action is for when the negotiation fails or there is no solution in sight. Thus, a neutral person will intervene to create an appropriate atmosphere for conciliation and understanding of the affected parties.
• The investigation. Here an expert on the subject will come into play to make accurate assessments and recommendations to find a solution.

Pros and Cons

Mediating conflicts through alternative means to legal intervention has its pros and cons, as you will see below:

The pros

• Having people intervening with different knowledge will enrich decision-making in a conflict.
• There will be different points of view which will allow you to have a greater perspective of a problem and thus obtain many possible solutions.
• Sometimes the performance of the group as a whole will exceed that of a single person in making decisions.
• When several members participate in decision-making, acceptance will be easier.

The cons

• Resolving problems in the company generally consumes more time because it could generate long discussions.
• Those involved could suffer from pressure due to the opinions of other co-workers.
• A particular group or person might dominate the discussion and thus the decision-making.

Decision Making Criteria

You already know the type of conflicts and the alternative solutions to find a labor dispute. Next, you will learn the criteria that you could implement for decision-making:

• Stay calm at all times, and be professional.
• Accept the conflict and quickly begin searching for a solution.
• Find an effective and accurate solution to the problem, even through professional advice.
• Dialogue with those involved in the conflict.
• Do not allow attacks.
• Receive guidance assertively and impartially.

What to Expect After Filing

After filing the complaint with the Labour Court Dubai, or MOHORE, a thorough investigation into the case will begin. Likewise, they will review the form and the evidence that I submitted and will interview those involved and witnesses. This way, you will be able to gather important information and determine the validity of the complaint filed.

Finally, the entity will notify the results and the next steps to follow to resolve the conflict.

Processing Timeline

The duration of the process will depend on the type of trial, the channel used to resolve it, the accessibility of those involved, and the workload of the court. In the case of MOHRE, it could provide a solution to the case in 24 hours

Potential Outcomes and Next Steps

After the trial at the Labour Court Dubai address, two things can happen, the court ruling in your favor or against you. In this sense, we will show you what will happen in both situations:

• Win the lawsuit. In this case, the process of executing the judgment begins, which implies a cost of 2% of the amount of the claim.
• Lose the lawsuit. If you lose the claim, you can still appeal the decision, which involves a process similar to an initial claim. However, for the appeal to go directly to the appropriate court, the amount of the claim must exceed AED 50,000. In the case of claims exceeding AED 500,000, the court in charge will be the cassation court.

Preparing for Court Proceedings

As we have mentioned, the outcome of the case may or may not favor you, so you should prepare for any case. If the result is favorable to the plaintiff, they must wait for the execution order so that the other party complies with the resolution. Otherwise, you can appeal the decision, although this is only possible if the amount of the claim exceeds AED 50,000.

How does the Labour Court Dubai function?

The Labour Court Dubai has jurisdiction over all issues relating to labor matters in the Emirate. In addition, it covers the Free Zones of the said Emirate, except for the Dubai International Financial Center or DIFC. Therefore, if there is no amicable solution that satisfies the parties, one of them can initiate legal proceedings.

Additionally, the Ministry of Human Resources and Emiratization (MoHRE) is the one that supervises the said court. Upon receipt of the complaint, the center will draft a statement of the complaint within 2 weeks. In this case, the declaration will be in electronic format and will be sent by the center along with the necessary documentation.

Likewise, the entity will include a summary of the discrepancy and the corresponding comments from the department. Additionally, in about 3 days, the court will set a hearing date and notify the parties involved. In the same way, the labor court may request the Department to clarify the summary of the case before the start of the procedure.

Labour Court Dubai Fees

• Labour Court Dubai fees do not depend on the outcome of the case, and the claimant employer must cover the costs. In this case, the typical fee for these procedures is 5% of the total amount requested by the plaintiff.
• If an employee files a complaint, he or she does not incur any type of judicial cost for the procedure. However, if the amount requested in the demand exceeds AED 100000, the employee must cover 5% of the total as a fee.

However, in neither of the two cases mentioned, the fee will exceed AED 20000. Furthermore, it is at the discretion of the court whether to ask the defendant loser to reimburse the winner for the fees. In any case, the fees must be paid at the end of the case, and are indicated by the authorities in the sentencing declaration.

Labour Court Dubai Rules

Some of the rules established in the labor court of the Emirate include the following:

• Arabic is the language in which all actions are carried out in court.
• Witnesses can only appear in extraordinary circumstances.
• The department in charge of receiving complaints does not hear allegations from any of the parties involved.
• According to the previous point, the parties must present written statements, including supporting documents. This includes employment contracts, bank statements, correspondence between both parties and other relevant documents.
• Likewise, the documents must be in Arabic, or translated into that language by a professional authorized by the Ministry of Justice.

Labour Court Dubai Length and Judgment

Certain circumstances determine the duration of the judicial process at the Labour Court Dubai. However, if the amount of the claim is not very high, the Remote Litigation Service can offer a faster solution. The hearing is conducted by an official with both parties present via the internet and the resolution may take 24 hours.

Labour Court Dubai Lawyer Representation

Consulting with a professional in labor legal matters allows you to have a better evaluation of the case. This includes evaluating documentation and establishing or restructuring arguments during the development of the judicial process. However, the lawyer you hire must have experience in employment matters in the UAE and also be Emirati.

When should a labor law case be brought forward?

In the UAE, an employee can only file a labor complaint against the employee within 1 year of the incident occurring. Therefore, if you file after this time, the court will dismiss your case. Some of the most common reasons why a case is brought to the employment tribunal are as follows:

• Claims related to salary
• Unfair dismissals
• Lawsuits for workplace discrimination and harassment
• Termination by dismissal
• Claims for bonuses and rights after termination of the contract
• Execution and challenge of employment contracts

Therefore, employees and employers must know what their duties and rights are according to the established agreement. Furthermore, to avoid these procedures that will surely damage the employment relationship, the contractual conditions can be discussed to reach a satisfactory agreement.

What should you do if you think you should register a complaint?

A foreign employee must know when to file a complaint with the Labour Court Dubai. This way, you will only file a complaint if necessary. Next, you will find out what will be sufficient reasons to take the complaint to court:

Payment Problems

One of the most common disputes between employers and employees is overpayments that may always be late. In the same way, a common problem is working for more than 8 hours without receiving fair payment for overtime. Also, if you comply with the requirements as the contract ends, you will not receive any compensation.

Therefore, in these circumstances, your employee could complain to an employer and could even take him to court for violating the law. Also, do not require your employees to pay any costs for work visas because they must pay them.

Leave Problems

• Another reason to take the complaint to the Labour Court Dubai is if you do not allow your employees to take appropriate breaks.
• You cannot refuse to grant maternity leave if the employee needs it.
• Refusing to grant any valid leave of absence.

Safety Problems

• An employee might consider filing a complaint against the employer if their company does not meet the required safety standards.
• In case of harassment or discrimination at work
• If you terminate a contract, you must give the grace period established by Emirati labor law.

How do I make a complaint against a worker?

To file a complaint you could call the Labour Court Dubai number if you are sure it applies or contact MOHORE. Below you will find the alternatives to submit the complaint:

MoHRE’s Call Alternative

Contact MOHRE through the legal toll-free number. In this case, it will be a representative of the institution who will receive your case and respond to your concerns.

MoHRE’s Online Alternative

Apart from calling the Labour Court Dubai number, you could contact the court or MOHORE online. Likewise, the services will be available to both you and your employees in case you want to file a complaint.

Tasheel Service Center

Another option to file the complaint is by going in person to the Tasheel centers, where you will interact with people. If you decide to use this method, remember to carry all required documents with you.

How can Connect Zone help?

As you may have seen, going to the complaint centers could be beneficial but it does not cover all legal concerns. In that case, you can contact us and we will advise you when you decide to present the case. Equally, in our company, we have a group of professionals with extensive knowledge and experience in this and other topics.

Conclusion

The Labour Court Dubai is an entity that serves to resolve labor disputes in all companies in the UAE. Likewise, MOHORE can help you resolve any issues that may arise in your company under labor law. You could also try to find a resolution within the company using various methods. However, if this is not achieved, you would have to request the intervention of legal entities.