The Employer – Employee Relationship is a unique one as it involves spending most of the day with each other in a professional environment working towards mutual financial stability. This relationship is based on good faith but it can get ruined either due to the Employer’s or Employee’s fault and then the employment offer, the terms of agreement/s and even the verbal undertakings made to each other in the interview seem to vanish into oblivion.
We are very lucky to have a sound Legal Mechanism for labor disputes in the UAE and a very clear Labor Law that ensures that the rights of the employers as well as the employees are protected. Both parties have their advantages, i.e. rights and obligations during/after termination or resignation.
The infringement of rights may be assessed based on the terms of the Offer Letter, Side Agreement, the Official Employment Contract registered before the Ministry, and the addendums to the Official Contract.
USUAL LEGAL PROCEDURE
The legal procedure is initiated by submitting applications of labor dispute to the concerned department in Ministry of Human Resources and Emiratization (MOHRE). The Concerned Department then calls the two parties of the dispute and takes steps to settle the dispute amicably and if not settled, the case along with a detailed memo is referred to the Competent Court.
THE BETTER MOVE
The Employment Contract and its addendum entered upon between the parties plays a huge role in deciding the rights and obligations during the employment as well as in case of termination. So seeking the expertise of a Legal Expert for drafting the Contract or Review of the Employment Contract by such Expert is highly recommended so that both the Parties are clear regarding the terms they are legally bound to follow, which helps in avoiding disputes in future as well.
A Labor complaint usually agitates the opposite party which means that the relationship based on trust between the parties is ruined and the chances of talking things out are very less. But before this step, if the assistance of an Expert on the Labor Law, Regulations and Procedures in UAE is availed, then he can assess all the possibilities in the case and guide the party regarding his rights and the best strategy in his case before taking the step of official complaint.
This in future can either help in building a strong case or in avoiding the hassles that may come with filing the complaint or case if it can be settled out of court while maintaining the confidentiality and without tarnishing the reputation of either the Employee or the Employer.
A well drafted Settlement Agreement signed between both the parties may in some cases end all disputes amicably without the parties having to undergo the Court Procedures.
It may be noted that a labor complaint cannot be filed after one (1) year from the date at which the right becomes due or from the the expiry of the employment relationship considering that, in accordance with the last amendments of the UAE labour regulations, such period will be six (6) months for some professions but the Settlement Agreement may extend the protection of the Parties interest beyond the time frame if drafted expertly and signed within the time frame.
If this is not an option and the complaint has to be filed, the Legal Expert can advise and assist in making a convincing complaint backed by law or advise the legal defenses that can be used against the complaint and review each stage of the settlement before MOHRE and assess if the settlement terms agreed are in favor of the Party or if the Party can settle on the same.
And finally, if the case is referred to the Court, the Legal Expert can assist the party to build a strong case and try to get a successful outcome using his expertise in the laws, the procedures, since he is better equipped to use them for the protection of the interest of his Client, especially as “cases are not always won by one who is right but when one can prove before the Adjudicator that he is right.”
ALLEGIANCE INTERNATIONAL – YOUR LEGAL EXPERT
If you are looking for a Legal Expert, Allegiance International can assist you. We have immense experience in working with Labor and Commercial Disputes and we provide the right advice at the right time. Further, we take pride in our policies of prioritizing our clients’ interests, giving clear and timely advices and updates, and our flexible payment options as per the needs of our Clients.
THE EXPENSES FOR PROFESSIONAL HELP
For more information and any queries kindly contact us:
Legal & Business Consultancy
+971 - 4 - 3695542