When to File A Labor Complaint
A labour complaint may be filed when either the employer or employee breaches their obligations under the labour contract or the Federal Degree-Law No.33 of 2021 on Regulation of Labour Relations.
An employee may file a labour complaint under Article 13 of the UAE Labour Law if the employer.
Seizes the worker's official documents (such as the passport or Emirates ID), or forces him to leave the State when the labour contract is terminated; or | |
Does not allow the worker to carry out his responsibilities; or | |
Fails to provide the minimum number of training, qualification, and empowerment tools to invest in the worker's skills; or | |
Does not provide the worker with appropriate housing, which is licensed by the necessary authorities, or does not provide a cash alternative to housing, or does not have this cost included in the salary; or | |
Regularly delay's the worker's salary; or | |
Does not bear the medical costs, insurances, subscriptions, and guarantees as required by the state legislation, expenses of returning the worker to his recruitment country, all the expenses related to the employment such as work permit and residence visa; or | |
Fails to provide the worker with a face and appropriate work environment such as not protecting the worker from injuries and diseases; or | |
Requires the employee to work long hours without overtime pay; or | |
Prevents pregant women for obtaining their maternity leave; or | |
Fails to comply with the required number of annual leaves under the law of prevents the worker from taking leave on public holidays; or | |
Terminates the contract arbitrarily, or without a 30-day written notice period, or gratuity pay; or | |
Neglects to provide the worker with an experience certificate. |
Some of the circumstances where an employer may file a labour complaint under article 16 of the UAE Labour Law include if the employee:
Fails to observe the stipulated non-compete clause after the termination of the employer-employee relationship | |
Outsources his responsibilities to another person, or fails to perform his responsibilities with professional integrity and honesty, and in accordance with the terms of the contract | |
Breaches the confidentiality of the information he has access to by virtue of his work | |
Possesses any original papers related to Work secrets, in a personal capacity, without the permission of the employer | |
Fails to implement occupational safety and health instructions in accordance with the legislation in force | |
Provides services to others, in violation of the Degree-Law | |
Occupies the residence provided by the employer after the end of service, without prior approval from the employer |
As Evident above, there exist multiple circumstances where a labour complaint may be filed, either by the employer or the employee. Therefore, it is imperative to read the labour contract and be vigilant about enforcing employer-employee rights as under the UAE Federal Labour Law.
For more information on how to file a labour complaint.