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Changes to Labour Complaint Process: MOHRE Now Making Decisions
This pivotal change, enacted through Federal Decree-Law No. 33/2021, has far-reaching implications for both employers and workers in the UAE.
Amendments to the UAE Labour Code, specifically Article 54, redefine the process by which disputes regarding rights under the Decree Law are resolved. Previously, such disputes were typically handled through legal channels. However, with the implementation of Federal Decree-Law No. 20/2023, MOHRE now plays a central role in resolving these conflicts.
Under the amended Article 54, parties to a dispute – whether employers, workers, or beneficiaries – are required to submit their grievances to MOHRE for examination. This marks a shift towards a more unified and efficient approach to dispute resolution. MOHRE is tasked with reviewing the claims and taking necessary actions to achieve an amicable settlement between the involved parties.
Key Provisions of the Amended Article 54:
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- Amicable Settlement: MOHRE aims to settle disputes amicably between employers and workers, promoting immediate resolution without the need for lengthy legal proceedings.
- Decision-Making Authority: MOHRE is authorized to issue final decisions in disputes where the claim value does not exceed AED 50,000. This grants MOHRE significant jurisdiction in resolving a broad variety of conflicts.
- Judicial Review: Parties dissatisfied with MOHRE's decision hold the right to seek recourse through the competent Court of Appeal within 15 working days. However, such appeals must adhere to specified timelines, and the Court, authorized to further proceedings, ensures timely settlement of disputes.
- Preservation of Rights: Throughout the dispute resolution process, MOHRE may enforce measures to safeguard the rights of workers, including ensuring the continued payment of salaries in certain circumstances.