The Ministry of Human Resources and Emiratisation has issued a Ministerial Resolution on the Regulation of Labour Disputes and Complaints Procedures in line with the Federal Decree-Law on the Regulation of Labour Relations and its implementing regulations.
The resolution included the controls for the cancellation of the work permit after referring the complaint to the judiciary and the registration of the complaint of work interruption and the cancellation of such complaint, as well as procedures for the settlement of collective labour disputes and other controls that facilitate the procedures for filing complaints and ensure the right of disputing parties to litigate in a balanced manner that guarantees their rights.
The Ministerial Resolution allows the employer and the employee to file a labour complaint with the Ministry within 30 days of a breach of its legal obligations to the other party, taking the necessary measures to settle the individual labour complaint within a period not exceeding 14 days of its filing and referring it to the judiciary for a decision if an agreement cannot be reached between the two parties.
The resolution sets out a number of obligations for the worker whose complaint is referred to the judiciary. These obligations include that within a period not exceeding 14 days from the date of the Ministry's approval of the referral to the Judiciary, he/she shall file the claim with the relevant court and not work for another employer without obtaining approval from the Ministry, and that within 14 days of the issuance of the final judgement in the labour dispute, he or she shall apply to the Ministry to cancel the original work permit if the employment relationship between the two parties is terminated, while the decision allows the old employee to apply for a temporary work permit with a new employer while the case is being considered, except for the employee who is registered in the right to a stop-work complaint.
The employee's work permit can be cancelled after 6 months from the date the complaint is referred to the judiciary if the complaint leads to the interruption of work.
According to the Ministerial Resolution, the employer is obliged to file a complaint of work interruption against the employee who has been stopped for a period of more than (7) seven consecutive days for an unlawful reason, provided that he does not know the whereabouts of the employee and is unable to communicate with him.
A complaint of work interruption shall be cancelled at the request of one or both parties, in a number of cases which include proof that (7) seven consecutive days have not elapsed since the work stoppage or since the end of the leave or lawful absence from work, and the employee's presence at work or if he was on a statutory leave, whether or not the employer knew about it at the time of filing the complaint.
Among the cases in which the complaint against the interruption of work is withdrawn, the employer's consent to the restoration of the employment relationship, provided that the establishment is existing and it is obliged to pay the fines due, if any, for the failure to issue or renew the work permit, as well as if the interruption of work was in accordance with an agreement between the employee and the employer on the termination of employment, or if the employer allows the employee to be stop work or to look for another job opportunity, and if there is a legitimate reason for the termination of work, or in all other cases where it is proved that the complaint about the interruption is false.
On the other hand, another ministerial resolution defines the powers of the labor inspector and the controls for the inspection of private sector establishments and workers' housing within the organization of labor inspection procedures in accordance with the Federal Decree-Law Regulating Labor Relations and its implementing regulations in a manner that guarantees impartiality and integrity in inspections and related decisions.
MoHRE monitors the extent to which establishments comply with the provisions of Federal Legislative Decree No. (33) of 2021 and its implementing regulations, as well as the decisions issued to implement them, by monitoring these entities through the supervisory mechanisms approved by the Ministry, as well as by tracking the communications received from members of society and the promotional, advertising and media campaigns disseminated on websites, social media or other means used by the entity to promote its activities.