Collective Labor Dispute in UAE – On the 6th day of December 2018 in Abu Dhabi, the Minister of Human Resources and Emiratisation, Nasser bin Thani Al Hamli, issued a collective labor dispute resolution.
A “collective labor dispute” is defined as any dispute between an employer and a worker over basic labor rights as stipulated in an employment contract for all workers or a group of workers in an institution. The number of workers involved in a collective bargaining agreement should not be less than 100.
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The procedures that former the Collective Labor Dispute in UAE | labor lawyers dubai
best labor lawyers dubai clarify collective labor dispute law according to the resolution, employers and workers should settle collective disputes through direct negotiation first, followed by mediation, conciliation, and arbitration, in accordance with the processes outlined in the resolution and other applicable resolutions.
To begin resolving a collective disagreement, workers must inform their employer in writing. The management and the workers should then inform the “Customer Happiness Centres” in writing, via a contact center, or via the operations room, on the same day of the issue, or the next day if that is not possible. Workers are not permitted to quit working or close their business until all settlement options have been explored.
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The resolution points out that if a disagreement arises as a result of a breach of an employer’s or worker’s rights, appropriate authorities at the Ministry of Human Resources and Emiratisation must follow the necessary legal procedures.
According to the resolution, a clear violation of an article of the law or an executive regulation, as well as violations of the mediation or conciliation agreement, failure to respond to a call by the conciliation center or commission, or failure to commit to the arbitration commission decision, can be considered a cause of a collective labor dispute.
The Ministry of Human Resources and Emiratization’s “Fast Response Room” analyzes collective labor disputes and reports them to the ministry based on their level of urgency. It also publishes quarterly reports of collective labor disputes.
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Complaint disputes and settlement | UAE Labour Law
According to Article 155, if an employee and an employer cannot achieve an agreeable agreement, the following actions must be taken by the best labor lawyers in abu dhabi:
1. Employees must file a written complaint with their employer and provide a copy to the Labour Department.
2.The employer must respond to employee complaints or claims in writing within seven working days of receipt. A simultaneous copy should be sent to the Labour Department at the same time.
3- If the employer refuses to communicate the complaint within the specified time frame, or if his response does not result in the resolution of the issue, the competent labor department shall mediate to resolve the disagreement amicably, either on its own initiative or at the request of either side.
4. If the complaint is filed by the employer, he must submit it immediately to the Labour Department in order for the disagreement to be settled amicably.
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According to Article 156, if mediation by the responsible labor department does not result in a resolution of the conflict within 10 days of the date it first became aware of the issue in dispute, it shall refer the conflict to the responsible conciliation committee for resolution and shall notify both parties in writing of such referral.
According to Article 157, the Minister of Labour and Social Affairs shall, by resolution, establish a body within each labor department to be known as the Conciliation Committee.
As per Article 158, each party to a dispute must continue to pursue the matter before the conciliation committee until a resolution is obtained. The committee must reach a conclusion by a majority vote within two weeks after the dispute’s referral. If both parties have agreed in writing before the committee to be bound by its decisions, then such decisions shall be binding upon both parties. Without such an agreement, the committee’s judgment shall be It is final and enforceable unless any party or both of them file an appeal with the Supreme Arbitration Board within 30 days of the day it was issued.
According to Article 159, unless the workers elect new representatives, the termination of an employment contract or the firing of an employee representative who is a member of the Conciliation Board shall not preclude that representative from performing their obligations on the Board.
The termination of the employment agreement or the removal of the workers’ representatives who are members of the conciliation committee will not stop them from carrying out their duties until the employees elect new representatives.
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FAQ about Collective Labor Dispute | advocate office in dubai
1- What is a collective labor dispute?
Collective labor disputes must be defined as any disagreement that arises between an employer and its employees, the topic of which is connected to the common interest of all or some of the employees in an establishment, a profession or trade, or a professional sector.
2- How do I contact the UAE Ministry of Labour?
Contact center Call 800 665 if you have any labor problems. Find the nearest Ministry of Labour office. Gulf News is not liable for any changes to the UAE Labour Law. All labor issues must be handled by the Ministry of Labor.
3- How to file a collective labor dispute in the UAE?
Applications for labor disputes must be submitted to the Ministry of Human Resources and Emiratization’s relevant labor department. The involved department will contact the two parties and take whatever steps are required to resolve the conflict peacefully. The parties are not required to accept the settlement at this time.
4- What is Article 75 of UAE Labour law?
The worker shall be entitled during every year of service an annual leave of no less than the following periods : a – Two days for each month should the period of service of the worker be of six months at least and a year at most
The top company for collective labor dispute services in Dubai is Khairallah Advocates and Legal Consultants, so you can go forward with the labor dispute proceedings with the best labor lawyers in Dubai to resolve them in a timely and proper manner.
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