How to file a labour case in the UAE?

The UAE is one of the world’s strictest places when it comes to labor laws, yet it remains a popular business environment. A simple and efficient legal framework exists in the country to support employees. The following points discuss how to file a labor case in the UAE.

Typical Employment Lawsuit Grounds

• Employees can file a claim if they haven’t been paid for work they’ve done.
• When an employee is let go without cause or when they feel their severance package is inadequate, they may take legal action.
• Third, if an employer refuses to terminate an employee’s visa or extend an expired visa, the employee may bring a complaint.
• Employees who believe they were let go without good cause have the option of filing a lawsuit to that effect.

Getting Started

1. In the United Arab Emirates, employees have one year from the date their case’s cause of action began to file a lawsuit in court.
2. Employees must first register a request or claim with the applicable licensing authority governing their organization, such as the Ministry of Human Resources and Emiratisation or the Labor Department, before taking legal action.
3. mediation, which is done by the licensing authority, is required. A no-objection certificate (NOC) or transfer letter can be requested by workers in order to sue their employers in court if mediation fails.

If the NOC was issued by a free zone, it must be translated into a form acceptable to the courts in Dubai or the Ministry of Labor in Dubai.

The Necessary Paperwork and Proof

1. the employee’s employment contract, which is typically already on file with the proper authorities, must be submitted.
2. Pay stubs, bonus and offer letters, as well as any other correspondence, should be submitted as supplementary evidence to back up the employee’s assertions.
3. a certified translation into Arabic is required for all papers.

Electronic recordings of communication, including but not limited to WhatsApp and email, are admissible as evidence in courts in the United Arab Emirates.

Payments Required to Make a Claim

• Court filing fees are waived for employees whose claims total less than AED 100,000 (about $30,000). However, employers must pay 5% of the claim amount if they file a claim against an employee for a value less than AED 100,000.
• There are three levels of UAE courts: the Court of First Instance, the Court of Appeal, and the Supreme Court of Cassation. The costs are proportional to the amount being claimed and diminish as the case moves along the judicial system.
• There will be additional expenses, such as the fees for a legal translator and an expert witness. Expert witnesses in court help judges weigh the monetary and factual merits of both sides of a dispute.

Judgment Enforcement and Appeal Filing

First, if your claim is worth more than AED 50,000, you have the option of appealing the decision to the Court of Appeal. The Court of Cassation hears appeals for claims valued at more than AED 500,000.Once a final decision has been secured, enforcement processes can start. The defendant’s property is seized so that the judgment can be paid. The enforcement fee is 2% of the amount being sought.

In conclusion, in the United Arab Emirates (UAE), filing a lawsuit against an employer entail following certain procedures and meeting statutory limitations. Workers need to do their part by submitting claims and requests to the proper

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