Today's Edition
SAMI ABDEL RAOUF (DUBAI)
The Ministry of Human Resources and Emiratisation (MoHRE) will begin implementing the amendments related to Federal Law No. 20 of 2023 regarding regulating labour relations as of Monday, January 1, 2024.
The move is part of enhancing legislation, in a way that boosts the competitiveness of the labour market in the UAE and ensures the rights of all parties in the contractual employment relationship in a fair and clear legislative environment that enjoys transparency, integrity and impartiality.
Starting Monday, the Ministry will undertake the final settlement of dispute cases it received, involving both employees and employers from the private sector.
As per the new law, if the value of the claim in dispute is no more than Dh50000, the Ministry’s decisions in this regard will be final.
The new law indicated that final settlement also applies disputes related to non-compliance with the amicable settlement decision previously issued by the Ministry, regardless of the value of the claim.
The two amendments save time and effort for complainants, streamline procedures, and accelerate the parties’ access to their legal entitlements.
The new law states that the Ministry’s decision issued to settle disputes, in accordance with its mandate stipulated in the law, is equal to an executive document, and follows the executive process, in accordance with the Ministry’s procedures. In the same context, either party to the dispute may file a lawsuit regarding the dispute before the competent court of appeal to consider the subject of the dispute, during 15 working days from the date of notification of the decision.
The court shall set a session to consider the case within three working days and shall decide upon it within 15 working days from the date of filing the case. The ruling issued by the Court of Appeal, in accordance with the provisions of this article, shall be a final ruling, and filing the case shall result in suspending the implementation of the decision.
As per the new law, if an amicable settlement is not possible within the period specified by the executive regulations of this law, and in cases other than those previously stipulated, the ministry must refer the dispute to the competent court, and the referral must be accompanied by a memorandum that includes a summary of the dispute, the arguments of the two parties, and the ministry’s recommendation.
The new law also allows the Ministry, during the dispute, to oblige the employer to continue paying the worker’s wages for a maximum of two months if the dispute results in the suspension of the worker’s wages.
It was also permitted, by a decision of the MoHRE, to impose procedures or other administrative measures against the establishment involved in the dispute to avert the dispute leading to a collective labour dispute that would harm the public interest.
The law obliges the competent court to set a session to consider the case, within three working days from the date of receipt of the request, to notify the parties to the dispute and decide on the dispute promptly.
The competent court must not accept the lawsuit if the proper procedures are not followed, and the lawsuit shall not be heard if the dispute has passed one year from the date of filing it.
These amendments contribute to accelerating the resolution of labour complaints referred to the judiciary, in addition to enhancing workers and employers’ compliance with legal provisions and reducing the number of irregular workers.
The new law replaced Article No. 54 of Federal Law No. 33 of 2021 related to regulating labour relations.
According to the new law, if the employer or employee is entitled for settlement, they must submit a request to the Ministry, which will examine it and proceed with necessary steps to settle the dispute among parties.
Starting Monday, the Ministry will undertake the final settlement of dispute cases it received, involving both employees and employers from the private sector
