It contributes to speeding up litigation and reduces dismissal from the first session

Amendments to the Labor Law protect the worker's entitlements and end the problem of "arbitrary dismissal"

  • The Labor Court in Dubai recorded 62 days in resolving disputes.

    From the source

  • Judge Jamal Al-Jabri: "The new law includes an important amendment that guarantees the worker obtaining all his rights."

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The head of the Labor Court in Dubai, Judge Jamal Al-Jabri, confirmed that the new labor law resolved controversial issues that took a long time in the litigation process, specifically related to arbitrary dismissal, and identifying the party causing the termination of the work relationship, explaining that these amendments were significantly reflected in the index of dismissal from The first session, as the Labor Court in Dubai registered 62 days, while it was targeted for 70 days for dismissal from the first session since the case was registered.

Al-Jabri told «Emirates Today» that the law, which came into effect last February, included amendments that take into account the rights of both parties to the work, most notably that the worker obtains all his rights immediately after the end of the relationship, regardless of the reason for the end of work, and includes wages of all kinds, end-of-service reward, and annual leave allowance. He also showed flexibility for the two parties to terminate the work relationship after issuing a warning according to specific controls, to reduce the problem of arbitrary dismissal, which used to take a long time in judicial disputes, to prove the party responsible for the termination of the work relationship.

In detail, Al-Jabri said that the new law achieves a great deal of balance between the duties and rights of the two parties to the work, and aims mainly at enhancing the efficiency of the labor market in the country, attracting and preserving the best competencies and skilled workers, providing the necessary protection for both parties to the relationship, and enabling them to obtain their legal rights easily and clearly. , whether before the litigation stage or through the judiciary, pointing out that the law granted more flexibility to the work parties in terminating the contract, and did not require the completion of the contract period, according to specific controls related to issuing a prior warning and adhering to it.

He explained that the new law included an important amendment that guarantees the worker obtaining all his rights, regardless of the reason for the end of work, pointing out that many rights were suspended in the past until the judicial dispute was resolved, and determining whether the worker was involved in abuses related to his job such as destruction or embezzlement. Or waste, and others, but the matter is different now, as he gets his full rights, such as wages, end-of-service benefits, and vacation allowance, and if there are complaints against him by the employer, he can resort to the relevant courts, whether criminal or civil.

Al-Jabri stressed that resolving this controversial issue contributed to the completion of many cases that used to take a long time to determine the party causing the termination of the work relationship, and whether there were claims against the worker, such as his failure to comply with the warning period and other matters that required the provision of evidence, and assignment An expert, witnesses, an oath, and various procedures that prolong the litigation time, pointing out that reducing these controversial matters would facilitate the work of settlement centers, whether in the Ministry of Labor or elsewhere, because the rights have become clear.

Al-Jabri pointed out that the legislator provided an alternative way, which is resorting to the common law and not the labor law, as any party felt that he was subjected to abuse or harm, pointing out that companies still do not understand these amendments, and complain about the worker’s breach of the warning period and demand compensation, but there is no longer room. So under the new law.

He said that the law provided the flexibility to terminate the relationship on the part of the employer, in light of what he deems best for the company or the institution, and limited the arbitrary dismissal that deserves compensation in two cases, the first is the termination of his services due to filing a complaint with the Ministry, and the second is the termination of his services due to filing a lawsuit against the employer that has proven its validity.

He added that resolving the issue of arbitrary dismissal closed the door to many lawsuits, as the worker used to resort to the judiciary to obtain three months compensation for arbitrary dismissal in specific contracts, and a month for unspecified contracts, even if the employer granted him all his rights, because he seeks to obtain more.

He pointed out that among the amendments contained in the new law is the conversion of indefinite-term employment contracts into specific contracts that both parties may extend. Flexible, remote work, job-sharing pattern, and determine the amount of end-of-service reward and annual leave according to each pattern in a way that guarantees the rights of the contracting parties.

He stated that the Ministry of Human Resources and Emiratisation, based on these patterns, issued 12 types of work permits, which fit this diversity in job forms, to ensure the benefit of all qualified human cadres for the labor market.

He explained that limiting work contracts to specific ones and not others would protect the rights of the worker, and in return provided the employer with the flexibility to terminate the service as required by the interest, although this does not give him the right to force the worker to leave the country, as the law gives him a period to search for an alternative job, He can be compensated by the insurance company according to recent legislative updates, and the employer must warn him before dismissal, even if one month has passed since he joined the job.

He pointed out that if there is a better job opportunity for the worker while he is at work, then the first employer has the right to ask the company or the other party to pay the costs he spent on the worker.

He stressed that the new law provided sufficient guarantees for the protection of human rights, related to aspects such as combating discrimination or forced labor and other matters that immunize the worker against any violations.

Regarding the mechanism for applying the new law, Al-Jabri said that the Dubai courts adopted the application of the new law in the event that the work relationship ended after its issuance, but if it ended before that, the old law will be applied.

Types of leave

The head of the Labor Court in Dubai, Judge Jamal Al-Jabri, stated that the executive regulations of the new law provided guarantees for protecting wages, and an end-of-service reward that is calculated according to the work period. The law also included new types of leave, such as mourning leave, by five days in the event of the death of the husband or The wife, and three days in the event of the death of any of the mother, father, children, brothers, grandchildren, or grandparents, in addition to a maternity leave, study leave, and sabbatical leave to perform national service for citizens.

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