UAE expedites domestic worker dispute resolutions under new law
Under the Ministry of Human Resources and Emiratisation (Mohre), conflicts between household employees and their employers can be settled more quickly with the implementation of new rules. The recently announced law also establishes a just and fair relationship between both parties.
Mohre will now handle any case involving Dh50,000 or less directly without needing to be sent to the court. If a friendly agreement is not reached within a set time period, Mohre will take the dispute to the Court of First Instance as a final option, rather than the Court of Appeals.
In addition, a party involved in the conflict has the option to submit a legal case to challenge the ministry's ruling within 15 business days of being informed. Initiating legal action will pause the implementation of the Ministry's ruling.
In summary, the updated Mohre rules help to save time and effort, simplify processes, and speed up the process for claimants to receive their legal rights," stated Barney Almazar, a migrant rights' advocate from Dubai.
Who gains advantages from the new legislation?
The new rules will benefit domestic workers and their employers by preventing long legal disputes that harm both parties.
Almazar observed that in the past, Mohre lacked the authority to make decisions on disputes, which were instead sent to courts for a formal hearing and decision, giving employers an advantage in long legal battles.
"Currently, Mohre has the ability to quickly settle conflicts between domestic workers as long as the claim is under Dh50,000 or relates to disobeying a previous ministry ruling," he stressed, noting that UAE labor law changes primarily aim to promote social equality. Their goal is to create a just and equal connection between domestic workers and employers, while acknowledging the natural power dynamic that typically favors employers.
A quick resolution process also provides employers with relief, saving them from having to attend court hearings or appear before a judge.
What measures does the new law implement to ensure the protection of domestic workers?
- Analiza Villao, 52, president and co-creator of the Filipino Kasambahay Club (FKC) in Dubai, praised Mohre's enhanced authority.
- Villao expressed confidence in Mohre's ability to promptly address domestic workers' concerns and problems.
- She highlighted that the new streamlined process provides clarity on where to go and what to do, unlike before.
- Villao emphasized that FKC's role will now include raising awareness about the new guidelines among members and other domestic workers.
- Domestic workers are now encouraged to reach out to Mohre for any work-related complaints or issues.
- Almazar, director of the corporate-commercial department at Gulf Law, noted that domestic workers can now take legal action against employers for infractions.
- He explained that the new process offers a more affordable alternative to costly and lengthy court proceedings.
- Almazar mentioned that hiring a lawyer for a simple case could cost at least Dh15,000, making it difficult for many domestic workers to pursue legal action.
- Despite exemption from court fees, nearly half of labor cases involving domestic workers remain unresolved due to the lack of resources for prolonged court battles.
- Updating Mohre's authority is seen as a crucial step in promoting workplace fairness and aligning with the UAE Labour Law revisions made earlier this year.
- Almazar added that these changes provide greater protection for domestic workers in the UAE.
Is it possible to challenge Mohre's decision?
If a friendly agreement is not reached, any involved party can submit a lawsuit to challenge the ministry's decision at the Court of First Instance within 15 working days of being notified. The court then arranges a meeting within three business days. The Court of First Instance's decision is binding, and initiating legal action will pause the implementation of Mohre's ruling.
Almazar, on the other hand, is hopeful that a quick solution can be found "to guarantee the general welfare of domestic workers, who now have a more convenient way to seek assistance."
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