How Do Labour Disputes Work?
Defining labour disputes needs a fundamental knowledge of labour laws. A conflict between two parties in a company, typically the employee and employer, is called a labour dispute. Most disputes revolve around arguments over benefits, salaries, working conditions, and organizational procedures.
Labour disputes can result in lockouts or work strikes. These factors are detrimental to the employer, causing a loss of production, revenue, and often even prompting the company to shut down. Conflicts between workers and employers are quite common. However, not all contracts are between the worker and the employer. Occasionally, labour disputes can come up between multiple employees or managers. The occurrence often and dynamics of labour disputes have made it a recurring topic of historical study.
Social, political, and judicial policies have been altered by labour disputes spanning history. Labour disputes are often caused by distinct perceptions or opinions about the role between employers and employees. It is imperative to identify and resolve any labour disputes beforehand as they can ultimately harm the business.
Facilitating Litigation in Labour Disputes
The legislators of the UAE were concerned with the following issues:
- Waiving the litigation fees for the employee.
- A quick resolution of labour disputes.
Waiving the Litigation Fees For the Employee
The material conditions of the employee are rarely easy and salary is his sole source of income. By virtue of this, many employees avoid having a dispute with their employers to claim their rights to keep their incomes the same. By virtue of this, the UAE legislator came to the defence of the employees to give them the chance to confront their employer, since it
specified exempting them from judicial charges according to the content of Article (5) of Federal Labour Law.
The preceding article indicates that the exemption covers:
- All judicial fees
- Lawsuit fees
- Requests
- Certificates
- Photographs
- Execution fees
The exemption also encompassed every related implementation dispute and issue, as well as every phase of a lawsuit, appeal and hearing.
Employees or people entitled on his behalf from their heirs or other entitled heirs are only entitled to this right, while employers are not included.
This is in consideration of the employee’s part, for not being able to afford those costs, which are ordinarily expensive.
Furthermore, this right applies to all employees no matter their citizenship, gender or credentials.
According to the last paragraph of the article, the legislator also granted discretionary authority in case of disapproval or refusal of the lawsuit, to avoid Malicious lawsuits from employees who make the most of the benefits that the law grants them at the costs of the employer and his image. Moreover, this exception is ensured by the force of law and is not subject to any procedure for establishing it.
The Key Provisions Associated With Labour Disputes in the UAE Labor Law
The UAE Labor Law Number 8/1980 provides that any person, company or organization that employs people, workers or beneficiaries of a worker can file a complaint to the pertinent Labor Department at the MOHRE concerning any of the rights they are privileged to under the law.
Prior to registering a labour dispute, you should be aware of the following provisions beforehand:
- All judicial fees associated with cases registered by employees or their beneficiaries shall be waived during all phases of the lawsuit and implementation.
- An employee’s claim or that of his or her beneficiaries is handled rapidly and efficiently.
- In case the case is turned down, the court may instruct the complainant to make a partial or full payment for the charges.
- Unless a claim is made within one year of the date when a claim becomes due, no claims will be heard.
- There will be no hearing of the claim if the steps outlined in Article 6 of the UAE Labor Law are not followed.
- As long as the case is pending in court, the employee may request a temporary work permit from the ministry until the matter is settled.
- The new temporary work permit is valid for 6 months and costs 500 AED, covered by the new employer.
- A six-month renewal period is provided for the new work permit.
But not all kinds of personal labour disputes come under the jurisdiction of the Labour disputes committee since Article 6 of the labour law stated that the case registered should be linked to an individual dispute and that the role of prosecutors in it must be the achievement of a personal goal if it is for an employee or a company/person/organisation having rights to them.
This right accrues to the complainant according to the provisions of Labour Law, which consists of every legal rule governing labour relations.
Lawyers Eligible to Appear in Dubai Labour Court
It is not mandatory to have a lawyer from a Top Legal Firm in Dubai represent you in the Court of First Instance proceedings, but it is advised to engage one. Emirati lawyers and certain lawyers of other Arab countries are the only ones permitted to testify in court.
Time Taken by the Dubai Court of Justice to Render its Judgment:
The timespan of legal proceedings is determined by a number of factors, considering the intensity of the case, the availability of parties, the present amount of work expected to be performed by the labour court.
The Dubai Courts Annual Report 2017 states that there were 89.2 days between the date the case was filed and the first instance judgment. Typically, it takes 22 days between the time of registering a complaint and the initial hearing. There are ongoing efforts to accelerate labour law matters. Case in point, a service referred to as remote litigation was launched in November 2018. It lets the parties to a labour court dispute having a worth less than 20,000 AED participate in the proceedings via electronic communication. A judge can make a decision in such cases within 24 hours.
Why Wait? Get Assistance from GHI, the Top Legal Firm in Dubai
GH International is a Top Legal Firm in Dubai that offers legal advice and services concerning a variety of legal issues. Our law firm consists of a team of exceptionally professional lawyers who are most willing to offer Legal Help in Dubai by addressing your legal concerns. Our Top Legal Firm in Dubai has settled an extensive number of legal disputes under various kinds of law, namely Criminal, Labour, Employment and beyond. As a Top Legal Firm in Dubai, we are results-driven in our approach to addressing your legal issues.
About GH International
At GH International, we offer Comprehensive Legal Consultancy Services in Dubai covering all relevant areas of UAE law, such as criminal law, commercial law, intellectual property law, tenancy law and more. Our law firm comprises a diverse legal team of UAE based lawyers and consultants who intend to offer the best Legal Consultancy Services in Dubai to all kinds of legal cases. Our attorneys in Dubai have years of experience to guarantee that the Legal Help in Dubai is up to par. The attorneys and legal consultants at GH International work together as a team. Through our collaborative approach, we are able to analyze a client’s case from different angles to come up with a unique solution. If you have any legal concerns, reach out to any of our offices or come in for an initial consultation.
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