Guide to Filing a Labor Case Against an Employer in the UAE

Question: I am employed by a company in the UAE and intend to initiate a labor dispute against my employer due to unfair practices. Could you guide me through the steps and procedures involved in this process?

Answer: Unfair practices by employers in the UAE, as defined by the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, include, but are not limited to, hiring without a valid work permit from the Ministry of Human Resources and Emiratisation (MoHRE), failing to provide work after recruitment, misuse of work permits, closing a business without proper procedures, not paying end-of-service benefits, and employing juveniles illegally. These actions can lead to fines for the employer ranging from Dh50,000 to Dh200,000, as detailed in Article 60 of the UAE Employment Law.

Additionally, other financial penalties for unfair practices are outlined in Articles 58 to 63 of the UAE Employment Law. MoHRE inspectors can identify these violations during inspections and report them to MoHRE or other relevant authorities, following the procedures set out in Article 33(2) of the Cabinet Resolution No. 1 of 2022.

Employees affected by these unfair practices can file a complaint with MoHRE under the provisions of Federal Decree Law No. 20 of 2023. If multiple employees are affected, they can collectively file a dispute with MoHRE as per Article 56 of the UAE Employment Law and Article 32 of the Cabinet Resolution No. 1 of 2022.

Considering these legal provisions, you can file a complaint with MoHRE if you are subjected to unfair employment practices. Alternatively, you can encourage your colleagues to do so. The complaint will be reviewed by MoHRE or other competent authorities, who will then decide on the actions taken against your employer.

Ashish Mehta, the founder and Managing Partner of Ashish Mehta & Associates, provides legal services in Dubai, the UK, and India. For more information about his firm, visit www.amalawyers.com. Questions can be emailed to news@khaleejtimes.com or sent to Legal View, Khaleej Times, PO Box 11243, Dubai.