Navigating the intricacies of employment disputes requires a robust legal framework, and Article 54 stands at the forefront, addressing individual labor conflicts with clarity and purpose. Mandating amicable resolution through Ministry intervention, it ensures fair treatment for both parties. Meanwhile, Article 56 extends this ethos to collective disputes, emphasizing measures to protect public interest. Together, these articles form the cornerstone of a balanced approach to labor dispute resolution, fostering harmony and equity in the workplace.
Key Article on Labour Disputes in Employment Law
Article 54 – Individual Labour Disputes
- Any dispute between employer and employee where any rights entitled to any of the party under this act shall make a request to ministry of human resources to settle the disputes amicably.
- If the dispute is not settled amicably within a specified period the ministry shall refer the dispute to competent court accompanied by a memorandum including the details of the case, arguments of the parties, and the ministry’s recommendation.
- In labor disputes between an individual worker and the employer, penalties or actions that harm other workers or the employer are not allowed until the dispute is resolved as per the law. However, the Ministry can instruct the employer to pay the worker’s wages for up to two months during the dispute, unless the dispute leads to the suspension of wage payments based on the regulations.
- Minister can authorize additional administrative actions or measures on the establishment to prevent an individual dispute from escalating into a larger collective labor dispute that could harm the public interest.
- The competent court shall set a hearing date within 3 days of receiving the claim and settle the matter as soon as possible. It also has the power to reject a claim if the procedure is not followed.
Article 55 – Exemption of Judicial Fees
Labour claims shall be exempted from judicial fees at all stages of litigation and execution, as well as the requests filed by workers or their heirs, whose amounts do not exceed AED 100,000.
Article 56 – Collective Labour Disputes
- In case of a dispute between the employer and all or a group of workers that can’t be resolved amicably, either party can file a complaint with the Ministry following specified rules.
- The Minister has the authority to enforce measures on the establishment to prevent a collective dispute from harming the public interest.
- The Cabinet, upon the Minister’s suggestion, can create one or more committees (Collective Labour Disputes Committee) to address collective labor disputes that the Ministry can’t resolve. The resolution outlining the committee’s formation, duties, working system, and execution of its decisions will guide its functioning.
Labour Disputes Resolution Mechanisms:
Details the process for resolving individual and collective labor disputes, involving mediation, referral to competent courts, exemptions from judicial fees, and penalties for non-compliance, fostering fairness, transparency, and accountability.
Conclusion:
Navigating the realm of employment contracts and disputes can be complex, but with Dar al Haqooq Law Firm by your side, you can proceed with confidence. From the inception of your employment with the Issuance of a work permit to the potential challenges of termination and disputes, we’re here to safeguard your rights and interests. Trust us to uphold the integrity of your employment journey, providing clarity, guidance, and advocacy every step of the way. Contact us today to Embark on a partnership built on expertise, integrity, and dedication to justice.
