Filing a labour complaint in the UAE? 7 legal tips every employee should know

Dubai: Filing a labour complaint against your employer can feel overwhelming, especially if you are worried about keeping your job or finding another one.

Can you continue working after filing a complaint?

Is there a time limit to file labour complaints?

And, if you go to court, can you still find another job in the UAE?

Emirates 24|7 spoke with legal experts in the UAE to find out exactly what an employee should be aware of, before proceeding with a labour complaint.

Here is a guide to your rights and responsibilities as a UAE private sector employee, as per the UAE’s Labour Law – Federal Decree Law No. 33 of 2021 – and its implementing regulations.

Legal experts who spoke with Emirates 24|7 said that employees should always avoid delaying the process of filing a labour complaint.

Zeiad Yehia, Legal Director at Almur Law firm spoke about how delays in filing a complaint can make a claim considerably harder to prove.

“Records may be lost, witnesses may become unavailable and the employer may question why the alleged breach was not raised at the time,” he said.

“Late filing creates a genuine procedural risk, particularly because Article 54 of the UAE Labour Law also requires the prescribed procedures and deadlines to be followed before a labour case is accepted by the court. Employees should therefore act promptly. Apart from the legal risk, delay can make a claim considerably harder to prove,” he added

How much time do I have to file a complaint?

According to Asma Siddiqui, Senior Associate at BSA Law Legal Consultants, while there is no specific mention as to the time limit for filing a labour complaint, under Article 54 of the UAE Labor Law, Federal Decree-Law No. 33 of 2021, labour claims for rights arising under the UAE Labour Law will not be heard after lapse of two years from the date of termination of the employment relationship.

“This is an important change from the previous position, under which the limitation period was shorter and was generally calculated from the date on which the relevant right became due. For example, a wage claim would typically be linked to the date on which the wage became payable, while an end-of-service gratuity claim would usually arise on termination of employment. The current provision has, in practical terms, synchronised the limitation period for any type of labour claim by tying it to the termination date and extending it to two years from that date,” she said.

It is also important to retain copies of necessary employment and claim related documents, like your employment contract, the MOHRE offer letter, salary records, bank statements, payslips, attendance records, leave requests, emails, messages, warning letters and any resignation or termination documents.

The process to submit a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) is straightforward, and you can read a step-by-step guide on how to do so here.

“The Ministry will attempt to resolve the dispute amicably between the employer and the employee. If no settlement is reached, the next step depends on the value and nature of the claim,” Asim Ahmed, partner at BSA Law said.

Cases with claims not exceeding AED 50,000, MOHRE is authorised to issue a decision determining the dispute.

“That decision is binding and enforceable in the manner prescribed by law. Where the claim exceeds AED 50,000, or otherwise falls outside MOHRE’s decision-making jurisdiction, MOHRE will refer the dispute to the courts. The employee must then file the court case within the statutory period stated in the referral process, which is generally 14 working days from the referral date,” Ahmed added.

You can also continue working in the same job, as filing a labour complaint does not by itself remove the employee’s rights under the employment contract or the UAE Labour Law.

“If the employee continues working, the employer remains obliged to comply with its legal obligations, including payment of wages, provision of agreed employment benefits, and compliance with lawful working conditions,” Ahmed said.

Importantly, the UAE Labour Law ensures that neither the employer’s or employee’s rights are violated in case there is an ongoing labour complaint.

Article 47 of the UAE Labour Law states that termination of an employee’s service is unlawful if it is due to the employee filing a serious complaint with the Ministry or filing a case against the employer that is proven to be true.

“Where termination is found to be unlawful on this basis, the court may order the employer to pay compensation to the employee, up to a maximum of three months’ wages,” Asma said.

“This means that an employer should not penalise, dismiss, or otherwise retaliate against an employee merely because the employee has used the official labour complaint process. At the same time, the employee should continue to perform his or her duties, comply with lawful workplace policies, and avoid conduct that could create a separate disciplinary issue,” she added.

If an employee is absent from work without notice, for example, this can lead to an ‘absence from work’ complaint, commonly referred to as an ‘absconding case’, and may affect the employee’s ability to obtain another work permit.

If you do wish to change employers because of problems that you are facing at work, it is critical to ensure you follow due process, whether it comes to your work permit status or your immigration status.

“In the UAE, an employee should not commence work for a new company unless the required work permit and residency procedures have been completed. In practical terms, this usually means that the employee’s existing work permit and visa arrangements with the previous employer must be cancelled or transferred, as applicable, and the necessary new work authorisation must be issued for the new employer,” Ahmed said.

Yehia also informed readers that if the case goes to court, an employee can obtain a temporary work permit.

“MOHRE’s current service requirements provide that the approval of the original employer is not required where the employee’s labour complaint has been referred to court. The temporary work permit is valid for six months, with the possibility of reapplying after it expires in accordance with MOHRE’s procedures,” he said.

If you do have an ongoing case in the labour court, it is critical that you do not miss out on any notifications that may be sent to you.

“Employees should monitor every SMS, email and notification received from MOHRE or the court. Labour disputes involve several short procedural deadlines, and a potentially strong claim can still be prejudiced if the employee fails to act in time,” Yehia said.