The Minister of Human Resources and Emiratisation, Dr. Abdul Rahman Al-Awar, issued a decision regulating the procedures for individual labor complaints, according to which the worker, the assistant worker and the employer have the right to file a labor complaint with the Ministry of Human Resources and Emiratisation, within 30 days, without either party violating their obligations stipulated in the employment contract. Or the law, executive regulations, or decisions applicable to others, through the approved channels mentioned in the procedures manual issued in accordance with the provisions of the decision.
The Ministry takes the necessary measures to decide on the individual labor complaint within a period not exceeding 14 days from the date of submitting the complaint, either by settling it, issuing a final decision on it, or referring it to the judiciary.
Ministerial Resolution No. 782 of 2023 specified the procedures for individual labor complaints in which the value of the dispute does not exceed 50 thousand dirhams or which was settled amicably, so that it is responsible for issuing a decision to adjudicate the individual labor complaint in several cases, which are: If the value of the claim is the subject of the dispute. The amount shall not exceed 50 thousand dirhams, if the settlement is made amicably between the parties to the labor complaint, regardless of the value of the claim.
The Ministry’s decision will be filled with an executive formula immediately upon issuance, in accordance with the procedures in force in the judicial authorities, pointing out that either party to the dispute may file a lawsuit before the competent court of appeal to consider the subject of the dispute within 15 working days from the date of notification of the Ministry’s decision issued in the dispute, and the consequences of This means halting the implementation of the final decision issued by the Ministry until a ruling is issued by the competent court.
The decision grants everyone who has been issued a final decision to settle a labor dispute by the Ministry, the right to submit a request to cancel the original work permit within 60 days from the date of notification, unless the labor relationship is ongoing. The Ministry may cancel the work permit in the event of non-compliance with the specified period and without referring to the parties to the dispute. The complainant also has the right to waive it at any time before the final decision is issued. The decision stated that if it is not possible to settle an individual labor complaint in which the value of the claim exceeds 50 thousand dirhams, the ministry must refer the complaint to the judiciary. In another context, Dr. Abdul Rahman Al-Awar issued Resolution No. 720 of 2023 regarding maintaining the worker’s entitlements in the event of his death, in which he stressed the necessity for the employer to submit a request to cancel the work permit for the deceased worker through the channels specified by the Ministry. The employer is obligated to deliver the worker’s entitlements to the relevant person in his family, whom the worker has specified in writing to hand over his rights in the event of his death, within a period not exceeding 10 days from the date of the worker’s death or from the date the employer learns of the death.
According to the decision, in the event of the death of the worker and the employer is unable to deliver his entitlements to his family members, or those entitled to them, after the prescribed period, the employer is obligated to deposit the deceased worker’s entitlements into the Ministry’s trust account according to the Ministry’s calculation of those entitlements.
The decision affirmed that the Ministry has the right to administratively suspend the establishment’s file in the event that the employer does not commit to paying the dues within 10 days from the date of the worker’s death or knowledge of it, provided that the suspension is until proof of payment of the dues is provided.
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