Refer the case to the labor court for consideration

A manager employs 333 workers without his company's approval

The director of the human resources department in a private company caused damage to the company, harmed its reputation and imposed financial fines on it, as a result of employing 333 workers from abroad without its approval and unapproved salaries, and not providing visas or renewing visas for workers, which caused the company’s electronic system to stop and fines to accrue.

The Ras Al Khaimah Civil Court ruled that it had no qualitative jurisdiction to hear the case and referred it to the General Department of the Labor Court for consideration.

In detail, the company stated that it had asked the defendant to hire 194 production workers and take the required tests for them, but he had, without any license or permission, brought 333 workers from abroad using an unauthorized recruitment agency outside the country and issued job offers from the company without its permission.

She added that the defendant agreed with the workers on a salary of 1,700 dirhams and signed on her behalf, despite the orders issued to him to agree on a salary of 1,300 dirhams, and he also bought tickets for workers from the company's account, pointing out that the defendant's failure to issue visas to the workers and the difference in salaries caused In damaging the company’s reputation and subjecting it to penalties and fines, and that it discovered all errors and damages later.

In the verdict of a total civil court, it was stated that Article 54 of the Labor Relations Regulation Law stipulates that if the employer, the worker, or any person entitled thereto disputes any of the rights deriving from either of them, he must submit a request for that to the ministry, which is looking into it and taking what it deems fit. It is necessary to settle the dispute amicably between them, and in the event that settlement is not possible, the dispute shall be referred to the competent court.

And she explained that the lawsuit is a labor dispute filed by the company against the defendant based on the work contract concluded between them, which reduces the court’s jurisdiction qualitatively to consider the case, and it convenes for the total circuit of the labor court, which is what the court decides, and it decides that it does not have qualitative jurisdiction to consider the case and refer it to the total circuit to the Labor Court for consideration.

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