New Regulations Streamline Dispute Resolution for Domestic Workers in UAE.
The Ministry of Human Resources and Emiratisation (Mohre) has introduced new regulations aimed at expediting the resolution of disputes between domestic workers and their employers. Under the new law, cases involving amounts of Dh50,000 or less will now be directly handled by Mohre, eliminating the need for initial court referrals.
The updated regulations, announced last week, are designed to create a fair and efficient process for resolving disputes. If a settlement is not reached within a specified timeframe, Mohre will refer the case to the Court of First Instance rather than the Court of Appeals, marking a significant procedural shift. This new approach aims to streamline the dispute resolution process, allowing for faster resolutions and reducing the burden on both parties.
Key Benefits of the New Law
- Reduced Legal Delays: The new regulations are set to benefit both domestic workers and employers by avoiding lengthy court proceedings that can adversely impact both parties. Barney Almazar, a Dubai-based migrant rights advocate, highlighted that Mohre’s expanded powers will facilitate quicker resolutions and help claimants receive their legal entitlements more efficiently.
- Enhanced Fairness: Previously, Mohre had limited authority, with disputes being exclusively handled by the courts. This often favored employers who could endure prolonged legal battles. The new law empowers Mohre to make immediate decisions on disputes involving amounts up to Dh50,000 and non-compliance with prior ministry decisions, addressing this imbalance and promoting fairness.
Protections for Domestic Workers
Domestic workers now have an accessible and streamlined avenue for addressing grievances.
Analiza Villao, president of the Filipino Kasambahay Club (FKC), praised the new regulations, noting that they simplify the process for domestic workers seeking redress. Villao and her organization are committed to spreading awareness about these changes to ensure that workers know how to utilize the new system effectively.
Almazar emphasized that the new regulations also help mitigate financial barriers for domestic workers. Previously, the cost of legal representation could discourage workers from pursuing their claims. With Mohre handling smaller disputes directly, workers are less likely to be deterred by the financial implications of court proceedings.
Dispute Resolution and Appeal
In cases where an amicable settlement is not reached, either party can file a lawsuit with the Court of First Instance within 15 working days of receiving Mohre’s decision. This lawsuit will suspend the enforcement of Mohre’s decision. The Court of First Instance will then schedule a hearing within three working days, with its ruling being final.
Almazar expressed optimism that the new regulations will lead to quicker resolutions and enhance the overall well-being of domestic workers by providing them with a more accessible platform for seeking justice.
News Source: Khaleej Times
