If you work as an executive or non-executive, you should read this article since there are specific procedures in labor law that must be followed when initiating a labor dispute against an employer if your salary is not paid. However, don’t let this deter you from taking your employer to court over a labor disagreement. According to UAE labor law, if an employer fails to pay a worker’s dues at the end of a contract, the worker has the right to file a labor complaint in the UAE labor court.
It benefits employees in the United Arab Emirates because, unlike in most other nations, labor matters are handled by courts rather by immigration. Despite this, labor disputes involving UAE workers might be difficult to resolve. Nonetheless, the employee is compelled by law to take the first step and file a labor dispute against his employer, as labor disputes are common.
By law, labor cases must be filed in the labor department where the worker resides at the end of their contract. A worker can submit his or her labor case in one of two methods with the Abu Dhabi labor department:
- The Ministry of Labour office closest to the worker’s place of employment or domicile.
- If a worker works in Dubai or vice versa, he or she can submit a labor case with the Dubai Labor Department since he or she may not be aware of the labor department where he or she dwells because the end date of the worker’s contract may differ from the end date of the worker’s domicile.
To win a case against your company, you must first obtain all of the necessary documentation required by labor law when initiating any labor claims. Labor must be accompanied by copies of the labor card, the labor contract, and a copy of the labor law residence visa (if labour is not a UAE national). After completing this paperwork, labor must travel to the nearest labor department office in the respective emirates, like, Dubai, Abu Dhabi, etc…..
Once there, labor will complete an application form that includes information regarding the labor case as well as copies of labor’s labor cards. If the worker is not a UAE native, a copy of the labor law residency visa must also be attached. Before going to labor court to pursue his labor dispute against the employer, the worker must wait for his case number.
In the United Arab Emirates, labor complaints are brought at three levels: First Instance Labour Court, Appeal Labour Court, and Supreme Court Labour Law. It can take years for labor matters to be resolved, especially if the worker is pursuing his case in the Supreme Court, where labor conflicts might take up to five years to be decided.
Please contact Tasheel Legal Consultancy or LSME for any more information or details.