UAE Employees Sue Employers, Face Dh200,000 Fines
If you are employed by a company based in the UAE mainland and experiencing unfair treatment from your employer, it is essential to know the steps involved in lodging a labor complaint. Unethical behavior can vary from hiring employees without the necessary work authorization to neglecting to provide final service benefits. This guide will provide you with instructions on how to submit a complaint to the Ministry of Human Resources and Emiratisation (MoHRE) and outline the possible consequences employers could encounter for infringing regulations.
In the UAE, employers engage in unfair practices such as hiring workers without a valid work permit from MoHRE, recruiting employees without providing work, misusing work permits, closing a business without paying employees' entitlements, not paying end-of-service benefits, and illegally hiring juveniles. These behaviors go against the rules stated in Federal Decree Law No. 33 of 2021 regarding Employment Relations Regulation.
Financial penalties between Dh50,000 and Dh200,000 may be imposed for these unfair practices according to Article 60 of the UAE Employment Law.
"Anyone who commits this offense will face a fine ranging from Dh50,000 to Dh200,000."
- Hires a worker without the required work permit.
- Hires or procures an employee and then doesn't provide any work for them.
- Uses work permits for reasons other than their intended purposes.
- Shuts down, or stops the operation, of a business without following the proper steps to address the employees' rights, in breach of the regulations outlined in this law, and its execution.
- Hires a minor in contravention of the regulations stated herein.
- Consents to hiring an underage individual against the rules of this Decree-law regarding the juvenile's parent or guardian.
Articles 58 to 63 of the UAE Employment Law specify additional financial penalties for unjust practices.
During an inspection of a company, a MoHRE inspector can detect and document any violations. The process for reporting violations is outlined in Article 33(2) of Cabinet Resolution No. 1 of 2022 regarding the enforcement of Federal Decree Law No. 33 of 2021. Should an inspector confirm a violation, they are required to compile a report and forward it to the appropriate authorities so that appropriate measures can be taken.
a. If necessary, the inspector may ask administrative or security authorities for help.
b. The Ministry determines the forms and processes for detecting violations.
c. Employers are required to assist inspectors in their work and answer summonses.
According to Federal Decree Law No. 20 of 2023, which alters several elements of Federal Decree Law No. 33 of 2021, employees who are impacted by unfair practices have the option to register an employment complaint with MoHRE.
Additionally, under Article 32 of the Cabinet Resolution No. 1 of 2022 and Article 56 of the UAE Employment Law, workers may submit a collective employment dispute with MoHRE.
If the unfair practices of your employer directly harm you, you can proceed and submit a complaint with MoHRE. You can suggest to your coworkers that they make a complaint if you are not impacted. MoHRE or other appropriate authorities will look into the complaints and make a decision based on them.
You can confront and seek redress for any unfair employment practices you come across by following these procedures.
Learn your rights and protect yourself in UAE workplace disputes—act now and stay updated with Just Dubai!
Comments