UAE labour complaint guide: How to file a case with MOHRE

Most disagreements at work are swiftly resolved with effective communication. But what if you haven’t received your salary in months, or are being unfairly dismissed? If you are an employer, you might have your own grievances, such as absconding employees or false misconduct allegations. That’s where a Ministry of Human Resources and Emiratisation (MOHRE) labour complaint comes in. The UAE’s laws guarantee the rights of both the employer and the employee, so both parties can raise a labour complaint that requires the Ministry’s mediation. A labour complaint is a formal dispute, filed over a breach of UAE labour contracts. According to article 54 of the UAE Labour Law – Federal Decree No. 33 of 2021, the Ministry examines the issue and settles it amicably within 14 days from the date of application. If an amicable settlement is not possible, the Ministry then refers the dispute to the judiciary, and provides a memorandum, including a summary of the dispute, the arguments of both parties, and the MOHRE’s recommendation. Any penalties or administrative actions occur only after settling or resolving the dispute as per the law. The entire process is straightforward, but can become lengthy if the right procedures and paperwork aren’t in place. Steps to take when filing a complaint If you are an employee, even before filing a complaint, it’s important to do your due diligence, such as ensuring you are eligible to file a complaint, and doing it through the proper channels. We break down the steps to file a MOHRE labour complaint, so the process is quick and efficient. 1. Confirm your eligibility The MOHRE handles complaints through different channels, based on several factors, such as dispute type and employee type. If it is an individual labour dispute, it is filed in a different channel than if it is a collective labour dispute. Public sector complaints are filed in a different channel from private sector complaints, and there are more specific considerations within this category. For instance, if the complaint involves a domestic worker, make sure to use the domestic worker service to avoid filing it in the wrong channel and incurring delays. Moreover, if you are a private sector employee, check which governing jurisdiction your contract falls under, before following MOHRE steps. For instance, the dispute process for Dubai International Financial Centre (DIFC) and Abu Dhabi International Financial Centre (ADGM) may be different from the Ministry’s federal private sector procedures. Moreover, employees of free zone entities need to approach the relevant free zone labour department, as the dispute is referred by them to the MOHRE. So, regardless of where you work, make sure you check your contract before filing. MOHRE employment contracts, also called mainland contracts, are regulated by the Ministry. However, independent authorities regulate their own employment agreements, and you will be able to find the name of the governing authority right on your contract. For instance, if you work in Jebel Ali Free Zone, the dispute must be filed with Jebel Ali Free Zone Authority (JAFZA), and if you work in DIFC, you can file it through DIFC Courts. 2. Ensure your documents are ready While each case may require documents specific to the complaint, there are a number of documents that you should have on hand, regardless of the nature of the dispute. The MOHRE outlines the following key documents: Emirates ID and passport Labour contract registered with MOHRE Resignation or dismissal letter (if applicable) Supporting evidence, such as written correspondences, bank statements to show non-payment of salary, and other documents supporting the claim 3. File the case early If you are ready to file a complaint, ensure that you do it as early as possible. UAE Labour Law – Federal Decree No. 33 of 2021 asserts that “no claim for any rights due will be heard after one year from the date of violation”. 4. Understand salary implications If your labour dispute has been referred to the court, and you are still working for the same employer, you have the right to claim certain wages. Article 31 (4) of the Cabinet resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations provides that: Every worker whose complaint has been referred to the court by MoHRE, must quickly file a case and request an amendment of his employment status. The Minister may issue the necessary resolutions regulating the status of the worker and the establishment after referring the complaint to the judiciary. The worker shall have the right to claim two months’ wages if he continues to work for the employer while the referred labour dispute is in the court. 5. Consider a temporary work permit If your dispute is in court, and you would like to work with another employer, you can apply for a temporary work permit from MOHRE until the case is resolved. Article 3 of Ministerial Resolution No. 47 of 2022 Rega