How to File a Labour Complaint in the UAE? Find Lawyers Online
Labours are the backbone of every institution. They play an important role in improving production in the business. The UAE Labour law give rights to every individual who works in the UAE. They have strict labour laws that are need to be known by every employee and employer of the UAE. Ministry of Human Resources and Emiratization (MOHRE) manages the employee-employer relationship. They clear the dispute between parties based on the UAE Labour Law.
Common Labour Issues
Unpaid Salary: salary issues arises in many of the companies. This may be due to some serious reason like if the company has run out of the business with no money. Or sometimes the employer might be strictly making the employees wait unnecessarily. Whatever the issue the unpaid salary is a serious issue with which the employee can seek help legally.
Unfair Termination: this can be carried out if any dispute arises between the employee and the employer and ends up in unlawful termination. But as per the UAE Labour Law there are some procedure that are to be followed before terminating am employee from the company. If not done so, the employer can seek legal help for compensation as per UAE rules. The maximum legal compensation you get for this issue is 3 months’ salary. The termination in other case may occur for filing the complaint in the MOHRE against the employer for any issues.
Passport Retained by the Employer: this cannot be done unknowingly by any of the employer in the company. Maybe with the passport retaining, they might be planning for the termination of that employee. Sometimes he or she might not be working as per the company’s expectation and goals. But anyway, as per the UAE Labour Law, none of the employers have the right to keep their employee’s passports in hand.
Charging Employment Expenses: charging the employee with the employment expenses is not a simple issue in practice. Some labours might be living with the daily wages and he or she might not be able to handle other expenses alone. So always be careful before you sign the agreement when you get in the job or at the time of job. Don’t ever let the bad happenings obstruct you from filing the complaint if the law is in your side.
Work Overtime: while signing the contract with the company the timings will be strictly mentioned in it. So, making the employees work overtime without extra payment is against the UAE Labour Law. This can arise into a serious issue with the employee and the employer and can be handled legally.
How to File the Complaint?
If there is a need to file a complaint against any labour working in the institution, there are some steps to be followed. The sudden actions may lead to huge impact in the institutions. So, if you are facing any kind of problem from the institution you are working, ie, being threatened, abused or assaulted you can seek legal help or can call police.
The different methods through which you can file the complaint through MOHRE are:
- Call the MOHRE helpline on 800 60.
- Download MOHRE app and file the issue.
- Visit mohre.gov.ae and select the necessary options for filing the complaint.
The accounts are to be created while opting for MOHRE app and website. All your details are need to input in the details section. You will receive a callback from a legal advisor within 72 working hours after registering your complaint with the MOHRE. The entire process can be carried out free of cost.
The other procedure in filing the complaint include:
- Contact a lawyer for legal advice on filing the complaint. During this pandemic time, you might not be able to seek outdoor helps. So, you can get free online legal advice in the UAE through https://iadvise.live/. Here you can seek help from many participating lawyers while staying indoors.
- Visit the Tasheel office and can file a complaint against the assaulter. Or you can seek advice from them. If you are an employee, you should carry your passport or Emirates ID when you go there.
Sometimes filing a case won’t help stopping the prompts. But it will surely make a sense in that person from repeating the wrong thing which was done. Always think before you do something. Make sure that the law is in your side before complaining. For example, if the termination of an employee is done without following the UAE Labour Law, then there is no issue in registering the complaint against the employer. Sometimes the law might save you. But in practice, it can become more complicated with moving the case to a long time and costing money that the person might not be affordable. Trying to win by fighting for your rights is not a simple thing.
Procedure for Filing the Complaint
As per the UAE Labour Law Article 6 the procedure for filing the labour complaint are:
- Applications of the disputes are to be submitted to MOHRE.
- Twa-fouq department, service center licensed by MOHRE, will take the action for settlement. If this won’t work, they will forward it to concerned Labour court. The employees need not pay the court fees for the claims upto Dh100,000. Over this amount, the employees need to pay five percent from the claim amount, say, a maximum of Dh20,000.
- A memo describing the summary of dispute are to be accompanied with evidences and comments from labour department.
- Within 3 days the court will fix a hearing for the claim.
- The court asks a representative from labour department to explain the contents in memo.
- Final judgement will be made by the court.
To know the rules and regulations of UAE Labour Law helps every labour from standing against the law in works. Precautions always secure everyone from taking risks. Those who wish to get online legal advice Dubai on this topic can contact us through our legal service providing platform https://iadvise.live/. You can avail free legal consultation in Dubai as soon as you prefer us. You can find lawyer UAE easily from our team iadvise.live without any delay. Sneak it for rising up.
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