Two Ministerial Resolutions Regulating Labor Disputes and Complaints Procedures and Labor Inspection
The Ministry of Human Resources and Emiratisation issued a ministerial decision to organize procedures for labor disputes and complaints in line with the Federal Decree-Law on regulating labor relations and its executive regulations.
The decision included the controls for canceling the work permit after referring the complaint to the judiciary and registering the complaint of interruption from work and canceling this complaint, as well as procedures for settling collective work disputes and other controls that would facilitate procedures for submitting complaints and ensuring the right of the disputing parties to litigation in a manner that guarantees their rights in a balanced manner.
The ministerial decision allows the employer and the worker to submit a labor complaint to the ministry within 30 days of any breach of his legal obligations towards the other, noting that the necessary measures are taken to settle the individual labor complaint within a period not exceeding 14 days from the date of its submission and referral to the judiciary for decision in the event that settlement between the two parties is not possible. .
The decision specifies a set of obligations for the worker whose complaint is referred to the judiciary. These obligations include under the complaint with the competent court within a maximum period of 14 days from the date of the Ministry’s approval of the referral to the judiciary and not to work for another employer without obtaining a permit from the Ministry as well as submitting an application to the Ministry to cancel The original work permit within 14 days from the issuance of the final judgment in the labor lawsuit in the event of the termination of the work relationship between the two parties, while the decision permitted the old worker to apply for a temporary work permit with a new employer during the consideration of the lawsuit, with the exception of the worker whose right is restricted to a work interruption complaint.
The worker’s permit can be canceled after six months from the date of referring the complaint to the judiciary, in the event that this complaint leads to his suspension from work.
According to the ministerial decision, the employer is obliged to file a complaint of interruption from work against the worker who is interrupted for an unlawful reason for a period exceeding seven consecutive days, provided that he is not aware of the worker’s location and is unable to communicate with him.
The complaint of interruption from work is canceled at the request of one or both of the parties to the labor relationship, according to a number of cases that include proof that seven consecutive days have not elapsed since the absence from work or from the date of the end of the leave or the legitimate absence from work, as well as proof that the worker is on the job or was On a legally prescribed leave, whether the employer was aware of this or did not know when the complaint was filed.
The cases of canceling the work-interruption complaint also include the employer’s approval to restore the labor relationship, provided that the facility is established and that he is obligated to pay the fines due - if any - for not issuing or renewing the work permit, as well as if the interruption of work was in accordance with an agreement between the worker and the employer to terminate The labor relationship, or if the employer allows the worker to be unemployed or to search for another job opportunity, and if there is a legitimate reason for quitting work or any other cases in which it is proven that the complaint of interruption is incorrect.
On the other hand, another ministerial decision defines the powers of the labor inspector and the controls for inspection of private sector facilities and workers’ housing, within the framework of organizing labor inspection procedures in line with the Federal Decree-Law on regulating labor relations and its executive regulations in a manner that guarantees impartiality and integrity in inspections and decisions taken in their regard.
The Ministry of Human Resources and Emiratisation monitors the extent to which establishments comply with the provisions of Decree-Law No. (33) of 2021 and its executive regulations and the decisions issued in implementation of them, by following up on those establishments through the oversight mechanisms approved by the Ministry, as well as following up on communications received from members of society and following up on promotional, advertising and media campaigns that are carried out. Circulating it on websites, social media or any other means used by the establishment for the purpose of promoting its activity.
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