12% reconciliation rate over the past year ... and a proactive step that reduces time and effort
Dubai Labor Court: The "early settlement" has binding legal force
The Labor Court launched the initiative of "pre-emptive settlements" in cooperation with the Settlements Center in Dubai Courts.
From the source
Jamal Al-Jabri: "The authorities concerned with labor problems are making an extraordinary effort to contain disputes early."
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The head of the Dubai Labor Court, Judge Jamal Al-Jabri, said that the rate of reconciliation in cases that reached the court is 12%, which represents about 1765 cases out of a total of 14,703 labor cases that were registered during the past year.
Al-Jabri revealed, to "Emirates Today", that an initiative has been launched for proactive settlements between the parties to labor disputes with the competent authorities to receive complaints, such as: the Ministry of Human Resources and Emiratisation, the Permanent Committee for Labor Affairs, and the department concerned with the General Administration of Human Rights in Dubai Police, granting it for the first time legal force. It is binding, which allows its implementation directly through the Court of Cassation, as long as the parties to the dispute agree to it, which prevents either of them from evading or withdrawing from the agreement, since it was not binding in the past.
In detail, Judge Jamal Al-Jabri explained that the authorities concerned with labor problems, such as: the Ministry of Human Resources and Emiratisation and the Permanent Committee for Labor Affairs, make an effort to contain disputes early, especially collective disputes related to large numbers of workers, according to the text of Article (6) of the Workers Law which It gives it the right to settle.
He added that the problem with these settlements previously, is that they are not binding, despite the great effort exerted on them by legal researchers and the employees of the ministry or committee, so the researcher sits with the worker and the employer, tries to bridge the points of view and reaches with them to a settlement agreement, signed by the two parties, Suddenly, on the second day, one of them retreated, as if nothing had happened, wasting all the efforts that had been made, in light of his realization that the agreement was not binding in the first place.
He pointed out that the labor court launched the "pre-emptive settlement initiative", in cooperation with the Settlement Center in Dubai Courts, to solve this major problem, by granting early settlement agreements binding legal force, through a clear form of the agreement signed by the two parties, and sent directly from the side receiving the complaint through a program Email to the competent judge in the labor court for approval, and it becomes a final and final judgment.
Al-Jabri stressed that this step, despite its simplicity, will solve major problems, including wasted time in negotiating, and the stages of litigation that may last two years in some cases from the court of first instance to the court of cassation, but now once the agreement is signed, the obligated party can go directly to the enforcement court if the party breaches. The other is by agreement.
For example, if a worker disputed with his employer about the end of service bonus and his travel ticket, and he sought refuge in the Ministry of Human Resources and Emiratisation, and a settlement agreement was signed between them for a certain amount, then the agreement became binding once it was ratified by the labor court, and the employer could no longer elude it. , And a subsequent lawsuit.
Al-Jabri expected that this step would limit the arrival of many disputes to the court, and resolve them early in the interest of the two parties, especially in light of the registration of simple cases that waste the effort, time and resources of the court, such as a dispute about the eligibility of a worker for an amount that is negligible for the company, stressing that granting settlement agreements force Legal will be a binding judgment.
It is noteworthy that the index of cases pending before the labor court in Dubai decreased, during the Corona pandemic in 2020, by 14,703 labor cases, compared to 15,311 in 2019.
Al-Jabri stressed that the decline in the labor cases index translates into a terrible effort made by several parties, such as: the Permanent Committee for Labor Affairs, the Ministry of Human Resources and Emiratisation, and the General Department for Human Rights in Dubai Police, especially with regard to containing collective crises, and reaching early settlements before referring the cases to the court. .
He added that he followed this system by virtue of his work, and personally monitored the effort exerted by these parties, and he is undoubtedly honorable and exceptional at the humanitarian level, despite the tension and fears they were able to calm the workers, contain them and solve their problems, from providing food for them, to financial settlements of their dues.
An expensive labor lawsuit for "a travel ticket"
Judge Jamal Al-Jabri said that the stubbornness of the two parties doubles the size of the dispute even if it is on a trivial matter, indicating that the court finally considered a case about the eligibility of a worker in a travel ticket, the price of which may not exceed 500 dirhams, but it cost the court time, and two lawyers attended one of them. The company, and the other for the worker, at a cost that may exceed the ticket value.
He added that unfortunately these cases are not rare, as the court hears cases due to a dispute over 1000 dirhams, so it demanded a lot to grant the competent authorities to receive complaints, to have the power to settle disputes of small amounts, or those that are supposed to result from a violation of clear conditions In the contract, such as the worker's right to travel tickets upon departure.
"You are legal."
Judge Jamal Al-Jabri said that the labor court launched the "Be Legal" initiative, which aims to educate all groups of society, especially workers, university students, employees, and others, about labor laws, procedures and implementation.
He added that there are a large number of workers who lack the lowest levels of education related to their work, so you find that they do not know the address of the company's headquarters, and this is an important and fundamental matter, so that the court can write to his company in the event of a dispute, pointing out that the initiative of "Your legal creation" has achieved good results in this. Direction.
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