How To File A Complaint Against Employer in Dubai
The Dubai Ministry of Human Resources and Emiratization (MoHRE) is responsible for protecting labor rights and settling labor disputes. The United Arab Emirates has enacted laws to protect the rights of its workers.
This article provides a comprehensive step-by-step guide to filing a labor complaint with the MoHRE and Dubai Police and explains the circumstances that might require such action.
If you are a citizen of a GCC country, a resident of the United Arab Emirates, or a visitor, you have the right to claim compensation for issues relating to working conditions, wages, and work accommodation.
A toxic work environment can negatively impact your physical and mental health. As an employee, you have the right to file labor grievances against any person, company, or institution associated with your workplace.
This article explains the process for filing a complaint, the parties entitled to file a complaint, and the different situations that can prompt you to take this step. It is important to know your rights and the resources available to protect yourself and ensure fair treatment in the workplace.
When Should An Employment Complaint Be Submitted?
The labor rights of workers in the UAE are protected by the UAE Labor Code (Federal Law No. 8 of 1980), which contains a number of provisions designed to protect workers.
Employees have the right to lodge a complaint against their employer if any of the following conditions are not met:
- Lack of a safe and secure work environment: Your employer must provide a safe and secure work environment. If not, it is a valid claim ground.
- Denial of annual leave and public holidays: Employees are entitled to annual leave and must be able to take public holidays off. If you are denied these rights, you can lodge a complaint.
- Delays in payment of wages: Timely payment of wages and salaries is a fundamental right of employees. Late payments can be reported.
- Denial of maternity leave for pregnant workers: Pregnant workers are entitled to maternity leave. If this is refused, this is a reason for complaint.
- Employer Withholding Passport: It is illegal for an employer to withhold an employee’s passport without their consent.
- Excessive Hours: Employees should not be required to work more than 8 or 9 hours a day, except in specific industries where longer hours are customary and permitted by law.
- Failure to pay severance pay: Employees who have completed the required service are entitled to severance pay upon departure. If this is not the case, a complaint can be submitted.
- No 30-day grace period after contract termination: After you have terminated your employment contract, you are entitled to a 30-day grace period. Failure to do so will establish a claim.
- Reimbursement of work visa fees: Employees should not be required to reimburse work visa fees. If prompted, you can file a complaint.
File An Employment Complaint With The Dubai Police Department
You can file a labor complaint on the Dubai Police Force’s official website. The complaints process is simple. To file a work complaint, you will first need the following information:
- Emirates Identification Number
- Valid Email Address
- mobile number
- Complaint details (including company name)
Once you have this information, follow the steps below:
- Complete the application form by clicking here or visiting the Dubai Police website.
- Submit the application.
- Receive a transaction number via SMS and email. You can use this number for future reference.
Required Documents And Further Info
The documentation required to file a labor complaint is minimal. The service is provided in cooperation with the Public Ministry, the Courts of Dubai, and the Ministry of Human Resources and Emirates (MoHRE).
Other Ways To Lodge An Employment Complaint With The Dubai Police
In addition to the online process, there are other ways to access the service:
- Dubai Police App: Download and use the official Dubai Police App.
- Call Center: Dial 901 to reach the Dubai Police Call Center.
- Smart Police Stations (SPS): Visit any Smart Police Station for assistance.
- Directorate-General for Human Rights: Ask the Directorate-General for Human Rights for help.
Submit A Work Complaint Through The MoHRE
The Ministry of Human Resources and Emirateization (MOHRE) has a simple and transparent procedure for filing labor complaints.
Upon receipt of the complaint, the Ministry conducts an investigation, facilitates communication between the parties involved, and attempts to resolve the dispute.
Steps To Submit A Complaint Through The MoHRE
Contact The MoHRE Call Center
- Call 80060 to be put through to a customer service representative who will answer your questions and attempt to resolve your complaint.
- If an immediate solution is not possible, the complaint will be forwarded to the Complaints and Advice Department.
- If the department solves the problem, the file will be closed. Otherwise, you will be asked to file a formal complaint, which may result in a lawsuit.
Use MOHRE’s Online Complaints Service
- Employees and employers can submit complaints through the official MoHRE website or mobile app.
- Visit the MoHRE website or download the app, select wage entitlement or work entitlement, register with your mobile phone number, enter the entitlement details, and submit.
- Legal Counsel will contact you within 72 hours of filing.
Proceedings in Labour Courts
Once a case reaches the Labor Court, an informational memo is filed there, containing a summary of the dispute, comments from the Department of Labor, and evidence from both parties.
The court then sets a date for the hearing. If necessary, the court may request a representative from the Department of Labor to appear and clarify the details of the case. The verdict on this will be made later.
As stipulated in the Ministerial Decision No. 47 of 2022 on the settlement of labor disputes and grievance procedures, an employee must follow several important steps when lodging his labor grievance in the Labor Court:
- The complaint must be submitted to the competent court within 14 days from the date the referral to justice was approved.
- The employee may not work for another employer without first obtaining a temporary work permit from the ministry.
- Within 14 days of the date of the final judgment in the employment process and in the event of termination of employment, the employee must submit an application for cancellation of the original work permit.
- If the work file is pending, the employee must apply for a temporary work permit from a new employer, unless the employer has reported him absent.
- If a labor complaint leads to a work stoppage, the employee’s work permit will be revoked after 6 months from the date of appeal to the labor court.
In addition, the UAE Labor Law, Article 54 of Federal Law No. 33 of 2021 Regulating Industrial Relations in the Private Sector states that:
- Labor cases filed in court must include a summary of the dispute, evidence from both parties and comments from the appropriate labor department.
- The court will schedule a hearing on the lawsuit within three days of receipt of the request and will notify both parties.
- Pursuant to Article 10, claims relating to rights due will be disregarded if filed more than one year after the date of infringement.
- In addition, Article 55 of the UAE Labor Code exempts workers or their heirs from court costs at all stages of litigation and enforcement of claims under AED 100,000.
Follow-up Of Work Grievances Through The MoHRE
Tracking the status of your complaint in MoHRE is easy and can be done by following these steps:
- Go to the MoHRE Services section on the official portal.
- Enter the reference number of your complaint.
- Click Submit.
You will then receive an update on the status of your complaint. You can also use the MoHRE app or contact the call center to track the status of your complaint.
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