Today's Edition
SAMI ABDEL RAOUF (DUBAI) - The Ministry of Human Resources and Emiratisation (MoHRE) announced amendments to Federal Law No. 33 of 2021 concerning employment regulations, which will be effective from January 1, 2024. The new amendments, found in Federal Law No. 20 of 2023, allow the ministry to rule on labour disputes with a "final decision" when the claim amount does not exceed Dh50,000.
The new law indicates that this provision also applies if the dispute is over non-compliance by either party with a prior amicable settlement decision issued by the ministry, regardless of the claim's value.
The new law confirmed that the ministry's decision, issued in line with its powers as previously stipulated, has the force of an execution document, and is drafted in the executive format according to the usual procedures. Any party involved in the dispute can file a lawsuit before the competent appellate court within 15 working days from the date of being notified of the decision. The court will then schedule a hearing for the lawsuit within three working days and will adjudicate it within 15 working days. The judgment issued by the appellate court is final. Filing the lawsuit results in the suspension of the execution of the aforementioned mentioned decision.
According to the new law, if the ministry fails to reach an amicable settlement within the period specified by the law's executive regulations, and under circumstances not previously specified, it should refer the dispute to the competent court.
This referral should be accompanied by a memorandum containing a summary of the dispute, the arguments of both parties, and the ministry's recommendation. The new law allows the ministry, during the dispute, to oblige the employer to continuously pay the worker's salary for a maximum period of two months if the dispute led to the cessation of payment, according to the law's executive regulations.
Also, with a decision from the Minister of Human Resources and Emiratisation, the law permits the imposition of other administrative procedures or measures on the establishment to prevent an ongoing individual dispute from leading to a collective labour dispute.
The law requires the competent court, within three working days from the date of receiving the request, to set a hearing for the lawsuit and notify both parties, and the case should be adjudicated promptly.
The competent court should not accept the lawsuit if the aforementioned procedures were not followed correctly, and should not hear any claim concerning any rights under the provisions of this law after a year from the date when the right in question becomes due.
The new law replaced the text of Article No. 54 of Federal Law No. 33 of 2021 on employment relations. If the employer, the worker, or any beneficiary on their behalf disputes any right accrued to any of them under the provisions of this law, they should submit a request to the MoHRE, which will then review the request and take necessary measures to amicably settle the dispute.
