The Role of MOHRE:
The labour and employment disputes are filed with Ministry of Human Resources and Emiratization (MOHRE). UAE labor law offers guidance on how to initiate the complaint process. Once workplace conflicts arise, it is essential to address them as quickly as possible. UAE Federal Decree-Law No. 33 of 2021 states the structured mechanism to solve the employment disputes. It is also encouraged to resolve the disputes outside the court.
The complaints are launched with the Ministry of Human Resources and Emiratization, MOHRE. They ensure the protection of employees’ and employers’ rights and responsibilities. They make sure there is legal compliance. They promote a timely resolution between the 2 parties. They work for an amicable settlement between them to ensure legal compliance with laws.
MOHRE Complaint Process:
The Ministry of Human Resources and Emiratization MOHRE is the authority to address labour-related matters in the UAE. This serves as the main point of interaction between employee and employer. MOHRE acts as the mediator between the workers and employers. The proem focus is to resolve the disputes amicably. Besides, they ensure the matter does not escalate to the UAE labor court. Labour Law Attorneys can’t help in MOHRE but legal advice only. Attorneys at Ask The Law, are quire professional and experienced lawyers.
Labour and Employment Lawyers in Dubai:
Labour and Employment Lawyers in Dubai provide useful guidance to the employees and employers regarding the registration of their complaints.
The Key Role:
The key objective is to make sure that both parties follow UAE labour laws. In case of any disagreement or deadlock, MOHRE assists in protecting the rights of employees. On the other hand, it maintains fairness for employers. They make sure they are handled in a lawful manner.
A series of matters are taken up by MOHRE, such as:
- Unpaid Salaries,
- End-of-service Benefits,
- Contract Termination
- Unfair Termination
The Scope of MOHRE:
The authority carefully handles a vast range of labor cases. They normally deal with cases related to the private sector. The employees of the private sector are usually registered under its system. In addition, the workers who are working under free zones like DIFC and ADGM fall under different authorities. However, similar principles may be applied.
Any employee or employer can choose to file a complaint. Anyone who feels the violation of UAE labor laws or breach of contract can file for complaint. The employer can launch a complaint against workers as well.
Reasons For Filing a Complaint:
There are many reasons behind employee and employer relationship. Some of the crucial factors to approach MOHRE are as follows:
- Unpaid wages or salary,
- Delayed gratuity or payments,
- Wrongful termination,
- Withholding of passports or documents,
- Workplace harassment or discrimination,
- Denial of leave or entitlements
On the flip side, the employers may choose to launch a complaint against their workers. They may file a case due to the following reasons:
- Employment abandonment,
- Breach of contract
- Breach of confidentiality
Fail to Serve Notice before Resignation
MOHRE will be thoroughly reviewing the evidence and every aspect of the case. Accordingly, they will take action against either party.
Timelines:
The complainant must file within 1 year of the incident. Any early filing will make sure the records and evidence remain intact. It must be valid and also allow for a quicker resolution.
MOHRE Complaint Process in Dubai and UAE:
Filing a labor complaint with MOHRE is pretty simple and straightforward. However, the legal steps must be followed. The core motive is to resolve the disputes more efficiently. The aim is placed on communication, discussion, meetings, and negotiations before court involvement.
- Submission of the Complaint:
The employees or the employer can file a complaint with MOHRE. They can simply visit the MOHRE service center or call their helpline at 80060. Moreover, the official MOHRE mobile application or website can be used.
Legal Expertise:
Professional legal representation is indispensable once the matter escalates to the UAE labor courts. The well-versed employment lawyers in Dubai will help with the evidence collection and drafting the documents required by the court.
Labour Law Attorneys in Dubai have the skills and experience to assist in securing a fair settlement. This will also reduce the prolonged litigation. In addition, they prepare pleadings, submit evidence, and advocate for the clients in the courtroom.
Labour and Employment Lawyers in Dubai will ensure that all the documents are properly organized and translated if needed. They will assist the client in court proceedings. They will prepare the relevant legal arguments and documents that support the allegations.
Mediation by MOHRE:
Once the complaint is submitted to MOHRE, they will deeply analyze the matter. The authorities will contact both parties and schedule the mediation session with both parties involved.
During this stage, the labor relation officer will be listening to both side and their stories. Attempts are made to resolve the dispute via dialogue and discussion. Most of the cases are settled at this stage without heading towards a lawsuit or litigation.
Referral to the UAE Labour Court:
In case the mediation fails, the MOHRE issues a referral letter. They will allow the case to proceed to the UAE labor court. They will issue documents that explain the nature of the dispute. It also confirms the efforts made for reconciliation.
It approves the unsuccessfully attempts and then the court will review the case accordingly. They will be reviewing the evidence, witnesses, and statements, and delivering the final rulings.