Question: I previously worked for a mainland Dubai company and am considering taking legal action for wrongful termination. Could you please guide me through the process? Specifically, where should I go, what documents will I need, how long does the process typically take, and what outcomes can I expect?
Answer: In the UAE, employees who believe they have been unfairly dismissed from their jobs may seek justice under the provisions of the Federal Decree-Law no. 33 of 2021 Regarding the Regulation of Employment Relationships, and its subsequent amendments. According to Article 47 of the Employment Law, employees terminated without a valid reason may file a complaint with the Ministry of Human Resources & Emiratisation (Mohre).
The amended Employment Law, as outlined in Federal Decree-Law No. 09 of 2024, empowers the Mohre to resolve disputes involving claims up to Dh50,000. If an employee believes the termination was arbitrary, Mohre will attempt to mediate an amicable settlement between the employee and the employer, as per Article 54 of the Employment Law. If unsuccessful, the ministry has the authority to pass a decision in the dispute.
Employees dissatisfied with Mohre's decision have 15 working days to appeal to the competent court. A hearing must be scheduled within three working days, with a final ruling issued within 30 days. If the case is pending court proceedings, the Mohre's decision may be temporarily suspended.
Additionally, the Mohre may order the employer to pay the employee’s salary for up to two months if the dispute involves withheld wages, under Article 54(3) of the Employment Law.
In cases of arbitrary termination, employees may be entitled to compensation, subject to evidence proving the termination was without valid cause. If the dispute cannot be resolved at the ministry level, the matter may be pursued in court.
News Source: Khaleej Times
