It is difficult to settle in a new workplace, especially when you belong to another country. In recent years, individuals have come to the United Arab Emirates (UAE) for jobs. Looking at the latest trend of job searching in the UAE, the labour laws are strengthened by the Ministry of Human Resources and Emiratization (MOHRE). There have been the latest changes by the organization to ensure good relations with the workforce in the UAE.
Article 54 of the UAE Labour Code
In the past, labour disputes were resolved through law firms and legal consultants. However, this has changed and now MOHRE has stepped forward for labour dispute resolution. Whether it is the employer or the employee, they have to apply their grievances so that MOHRE can assess the case dispute. However, it has proven to be a good step in promoting positive relations with the employers and employees as MOHRE is capable of handling disputes, amicably. Our labour and employment lawyers can help you in quick understanding.
Major Amendments of Article 54
The Article 54 has focused on amendments that will strengthen the workforce in the UAE:
Settlement: MOHRE has decided to settle disputes in a friendly manner by ensuring no involvement of the court. The organization ensures the settlement in the best interests of the employees and the employers.
Making Decisions: The MOHRE has decided to take the authority of decision-making in labour disputes that do not exceed the claim of AED 50,000. However, under these types of claims, many labour disputes are covered.
Flexibility in Judicial Decision: If both parties and any one party is unsatisfied with the decision of MOHRE, they have the right to seek legal advice from the court or even, have a court appeal within two weeks of the decision made by the MOHRE.
Ensuring Employment Rights: MOHRE ensures the salaries are paid to the employee while the cases are under examination. They are well aware of the rights of employees.
How Else Are Labour Disputes Resolved in the UAE?
When the case is beyond the understanding or restricting MOHRE to work on it further, then these cases are referred to the court as per the recommendation of the MOHRE. However, the employer has to pay the employee for two months even if there is a dispute as per the UAE labour laws and MOHRE regulations. UAE Labour Law was amended in 2022. So it is necessary to grab the new and modified rules before moving further or taking any decisions. The Employment Lawyers in Dubai, Abu Dhabi, Sharjah etc, must be consulted first. UAE citizen lawyers in Dubai, are only attorneys allowed to appear in courts. So prefer even for the sake of counselling, hire the Emirati lawyers.
Article 55 of UAE Labour Laws
The employee is relieved from financial stress because as per Article 55, they do not have to pay any judicial fees. It ensures individuals that the UAE government cares for its workforce because the labour force increases the economic activity in the UAE.
Types of Labour Disputes
In the UAE, anyone can come across different issues at work. Sometimes, those issues are on a personal level, such as discrimination and harassment. However, sometimes, those issues are professional, including workers’ compensation. If the worker has been injured or sustained injuries at work, the employer was negligent.
The compensation is not as qualified as it should be. Therefore, MOHRE has taken the responsibility to resolve claims to a certain amount. Also, the employers are terminated wrongfully, which means the employer must compensate accordingly but, usually it does not happen in the UAE.
Role of Labour Lawyers in the UAE
However, with these amendments, MOHRE ensures that labour disputes can be expedited in the UAE. Moreover, it also focuses on the rights of employers and employees. With these amendments in the UAE labour disputes, people are inclined towards working hard with positive energies in their workplace. That does not mean that the role of labour lawyers is finished. When things do not work with MOHRE, individuals would go for labour lawyers to appeal to the court.
Should You Hire an Employment Lawyer?
If you are newly working in the UAE, then you may need a labour lawyer to ensure that you are working according to the UAE labour laws. Moreover, as an expatriate, you have to understand the terms and conditions of the employment contract, which can only be understood if you have a good lawyer in the UAE. These laws could be new for you, but having a lawyer beside you means that you can deal with disputes easily.
NOTE:
We are just a content sharing experts. For the latest happenings in UAE, we prefer to consult top or reputed attorneys and legal consultants. As we stated above, Emirate of Dubai, Emirate of Abu Dhabi offers several world close legal service providers in UAE.
