Employment disputes in the United Arab Emirates (UAE) are governed by Federal Law No. 8 of 1980, commonly known as the Labor Law. The Labor Law establishes the rights and obligations of employers and employees, regulates the terms and conditions of employment, and provides for the resolution of disputes that may arise between employers and employees.
In the UAE, labor cases can arise in a variety of contexts, such as wrongful termination, unpaid wages, discrimination, and harassment. In this article, we will discuss the most common labor cases in the UAE and the legal recourse available to both employers and employees.
Wrongful Termination Cases
One of the most common types of labor cases in the UAE is wrongful termination. Wrongful termination occurs when an employer terminates an employee's contract of employment without a valid reason or without following the proper procedures.
Under the UAE Labor Law, an employer may terminate an employee's contract of employment for a valid reason, such as the employee's misconduct or poor performance, but the employer must follow the proper procedures before terminating the employee's contract. If the employer terminates the contract without a valid reason or without following the proper procedures, the employee may have a claim for wrongful termination.
Unpaid Wages Cases
Another common type of labor case in the UAE is unpaid wages. Unpaid wages occur when an employer fails to pay an employee their wages on time or fails to pay the employee their full wages.
Under the UAE Labor Law, an employer must pay their employees their wages on time and in full. If an employer fails to do so, the employee may have a claim for unpaid wages.
Discrimination Cases
Discrimination cases are also common in the UAE. Discrimination occurs when an employer treats an employee differently because of their race, nationality, religion, gender, or any other characteristic that is protected under the law.
Under the UAE Labor Law, discrimination is strictly prohibited, and employers who discriminate against their employees may be held liable for their actions.
Harassment Cases
Harassment cases are also on the rise in the UAE. Harassment occurs when an employee is subjected to unwanted conduct, such as verbal abuse, physical assault, or sexual harassment, that creates a hostile or intimidating work environment.
Under the UAE Labor Law, employers have a duty to provide a safe and healthy work environment for their employees, and employees who are subjected to harassment may have a claim for damages.
Legal Recourse for Labor Cases
In the UAE, labor cases are usually resolved through the Ministry of Human Resources and Emiratisation (MOHRE), which is responsible for enforcing the Labor Law and mediating disputes between employers and employees.
If an employee has a labor dispute with their employer, they may file a complaint with the MOHRE, which will investigate the dispute and attempt to mediate a settlement between the parties. If the parties are unable to reach a settlement, the MOHRE may refer the case to the labor court for further proceedings.
Employers who are found to have violated the Labor Law may be required to pay damages to the employee, reinstate the employee to their former position, or both.
Labor cases in the UAE are complex and require a thorough understanding of the Labor Law and the legal system. At Ali Khalaf Alhosani Advocates & Legal Consultants, we have extensive experience handling labor cases and helping clients achieve a favorable resolution to their disputes. If you are involved in a labor dispute, we are here to help. Contact us today to schedule a consultation with one of our experienced attorneys.