Sometimes, you might face uncomfortable situations where your employer is not respecting your rights as a worker. Or perhaps you’re having a negative experience with a coworker and want it to stop. Luckily, you can seek help from the Labour Court in Dubai.
In this article, we will explain how the Dubai Labor Court works and what you need to know if you want to file a case. Whether you are an employer or an employee, there are certain requirements for documentation, justification, and timing that you should be aware of. Let us take a closer look:
How does the Labour Court Dubai functions?
The Dubai Labor Court, part of the Dubai Courts system, handles all employment-related disputes in Dubai and its free zones, except for those in the DIFC (Dubai International Financial Centre).
Legal battles over work issues can be costly, take a lot of time, and cause stress for everyone involved. If the parties cannot agree on a solution, one may start legal action against the other.
The Labor Court in Dubai, overseen by the UAE’s Ministry of Human Resources and Emiratization (MOHRE), manages these cases.
If no agreement is reached, within two weeks, the Center will prepare a formal list of complaints and send it online to the Dubai Labor Court, along with all necessary documents.
This list will summarize the conflict, include evidence from both sides, and have comments from the Department.
Once the labor case is received, the Dubai Court will set up a court date and inform everyone involved within three days. The Court might also request more details from the Department about the case before it begins.
Labour Court Dubai Fees
In legal cases related to employment, the party that initiates the lawsuit has to pay the court costs. If an employer files a case, they cover the expenses, which typically amount to 5% of the total claim. However, if an employee files a case, they do not have to pay any court fees initially. However, if the dispute amount exceeds the standard limit, they need to pay an additional 5%.
After the court reaches a verdict, everyone involved must pay the fees. These costs are disclosed at the end of the case and are mentioned in the judgment statement.
Keep in mind that using the Labour Court Dubai can be expensive for both parties. It is essential to consider this before deciding to file a lawsuit.
Labour Court Dubai Rules
The Dubai Labour Court conducts all proceedings in Arabic. Witness testimonies are rare and only occur in special situations. Typically, the Dubai Department of Labor does not require verbal testimonies from those involved.
Rather, each side must submit written statements along with evidence such as employment contracts, communication records, and bank records. Any documents presented to the court must be in Arabic or translated into Arabic by a certified translator recognized by the Emirates Ministry of Justice.
Labour Court Dubai Length and Judgement
The duration of the legal proceedings in the UAE Labour Court can vary due to several factors. These include how complicated the case is, whether all involved parties are easily contactable, and the court’s current caseload.
The Dubai Labour Court offers a Remote Litigation Service for cases with smaller claims, which helps resolve labor disagreements faster.
Participants can join the hearings online, led by a legal official, and usually, decisions are made within a day.
Labour Court Dubai Lawyer Representation
Even though it is not mandatory to file a lawsuit directly with the Court of First Instance, many people choose to do so. This is especially true if they are not fluent in Arabic or do not understand legal terms.
If you are involved in a case, it is helpful to consult a legal professional. They can help you gather and assess all the necessary paperwork and adjust your arguments as the case progresses.
When selecting a law firm, make sure to choose one with a successful track record in handling cases similar to yours. Keep in mind that only Emirati lawyers and qualified experts from other Arab nations can access the courtroom.
When should a labor law case be brought forward?
Legally, you can only take a case to court for one year. Workers have one year to ask for what they deserve from their employers. If they wait longer than a year, they cannot bring their case to court anymore.
If you have a permanent job and think you did not get all your rights, it is up to you to check this first. Before you leave your job, make sure you know all the pay and benefits you should get.
You should understand your final job contract and the benefits you are supposed to get when you leave. Double-check these before you quit your job. Also, make sure everything is correct in the contract that says what you should receive.
If you think there is a mistake in the benefits your job promised you, tell your boss. If you can’t agree with your boss about what you should get, you can complain to the MOHRE. This might lead to a case in the Dubai labor court.
What should I do if I believe I should register a complaint?
Expatriates should know when to raise concerns. Not every issue needs to be reported outside of work, but if there’s no solution, the Dubai Labor Court is the last option.
Payment Problems
Here are some common payment-related problems:
- Late Paychecks: Sometimes, employers delay paying salaries.
- Overtime Compensation: If you work more than nine hours a day without getting overtime pay, that is an issue.
- Gratuity Pay: Even if you meet all requirements (like canceling your contract), some employers might not give you gratuity pay.
In any of these situations, employees have the right to complain to their employers. The Dubai Labor Court handles cases where employers violate the law.
Also, be cautious if employers ask you to pay for work-related costs like visas. According to the Labor Law, employers should cover these expenses, and they cannot demand payment from employees.
Leave Problems
Some companies wrongly prevent their employees from taking annual leave or breaks on their days off. If you face this issue, you can file a labor complaint in a Dubai court.
Another situation arises when employers deny pregnant workers their maternity leave. Both of these scenarios violate the law.
The new labor law in the United Arab Emirates outlines specific conditions for requesting valid leave. It also explains how leave compensation is calculated. All employers should read, understand, and follow this new legislation.
Safety Problems
Workers have the right to complain if their workplace is not safe or secure. The law clearly prohibits harassment and discrimination at work.
Also, the Dubai Labor Court accepts cases where employers terminate employment contracts without providing the required 30-day notice to employees.
How do I make a complaint against a worker?
Filing a complaint in the UAE is straightforward and efficient. Once you submit your complaint, the Ministry of Human Resources and Emiratization (MoHRE) will investigate it. You might also need to discuss the issue with your employer.
There are three ways to file a complaint:
- Online: You can submit your complaint through the official channels.
- In Person: Visit the MoHRE office to file your complaint.
- By Phone: Call the MoHRE helpline to report your issue.
Before you file a complaint, consider seeking professional advice. Hiring an expert who understands the legal process can significantly benefit your case. They know how to navigate the system and improve your chances of winning.
MoHRE’s Call Alternative
You can file a complaint online with the Labour Court or through the MoHRE’s contact center. This service is available to both workers and employers. If you decide to go this route, here is what you need to do.
Go to their website, choose the option for Labor Complaints, and start the service. You will be asked a number of questions that you need to answer thoroughly regarding your situation. After you submit all the required information, you should expect to receive a reply within ten days.
The shift towards digital solutions is reflected in these options. Nowadays, we are able to carry out these tasks from the comfort of our homes.
However, it is important to stay informed about the regulations and laws that govern online activities. The consequences for online defamation are just as serious as those for traditional defamation. It is important not to take this lightly.
Tasheel Service Center
If you prefer face-to-face interactions, you can visit Tasheel Service Centers directly. There, you can file a complaint against your employer. However, before you go, remember a few important things:
- Bring Documents: Take all your supporting documents, including your job contract.
- Work Permit and Visa: You’ll need to provide your work permit and visa for verification.
- Contact Information: Make sure to provide accurate contact details.
- Resolve the Issue: After filing a complaint, you have two days to try to resolve the problem.
People May Ask
How can I complain to the labour court in Dubai?
To complain to the Labour Court in Dubai, you can contact the MoHRE toll-free number, file an online complaint through their website, or visit Tasheel Service Centers in person with all necessary documents.
How much is the labor court fee in Dubai?
If an employer files a lawsuit, they are responsible for the court costs, typically 5% of the claim amount. Employees are not responsible for any court costs unless the claim exceeds the standard amount, in which case an additional 5% is charged.
How long does a Labour Court case take in Dubai?
The length of a Labour Court case in Dubai varies due to factors such as case complexity, party reachability, and court workload. The Remote Litigation Service offers quicker settlements for reduced claim amounts.
How can I withdraw my labour case from Dubai court?
Here are the steps:
- Formal Request: Write a clear request explaining your intention to withdraw the complaint.
- Submit to Court: Take your request to the court where the case was filed, following their procedures.
- Bring Documents: Provide relevant documents like your job contract, work permit, and visa.
- Follow Instructions: Comply with any court instructions regarding the withdrawal process.