Labour Dispute Settlement
What is Labour Dispute?
Labour Dispute is a disagreement between workers and employees over employment, pay, working conditions, work hours, etc.
When a disagreement occurs between the employee and the employer regarding the employee’s physical fitness to resume work, the extent of their disability, and other injury-related issues. Then the ministry of labour and ministry of health should be consulted to find a legal resolution.
Complaint and Settlement
When a dispute arises between one or more employers and a group of employees and is unable to resolve. The following actions must be taken:
- The employees must write a complaint or claim on the conflict to the employer. The employer must send a copy of the complaint to the labour department.
- The employer must give a written response within seven working days of receiving the complaint or claim. A copy of his response must be provided to the labour department.
- If the employer fails to respond within the period or if his response does not result in a resolution of the issue. The labour department must mediate a solution on its initiative or at the request of one of the disputing parties.
- If the employer filed the complaint, he must submit it to the Labour Department for mediation to resolve the issue.
The Minister of Labour and Social Affairs established the Conciliation Board in each Labour Department.
The dispute will be referred to the Conciliation Board for resolution if the labour department fails to resolve the dispute within ten days from the date it took to notice the issue in dispute. Within two weeks the board must conclude by majority vote.
The Board’s judgement shall be final and enforceable unless any party or both of them file an appeal with the Supreme Arbitration Board. They can appeal within 30 days of the decision being made.
Supreme Arbitration Board
To resolve collective labour disputes, the Ministry of Labour and Social Affairs established a Supreme Arbitration Board.
The Supreme Arbitration Board members are:
- The Minister of Labour will be the Chairman and in his absence the Under Secretary or the Director-General of the Ministry shall replace him.
- A judge of the Supreme Federal Court is appointed by the Minister of Justice after being nominated by the General Assembly of this Court as a member.
- By order of the Minister of Labour and Social Affairs, a person of high integrity who is competent and experienced in the appropriate field will be appointed as a member.
- Two alternate members are appointed from the same categories as the two principal members. These alternate members may take their place in their absence or inability to serve. The principal and alternate members must be selected by the same decree of appointment for a three-year renewable term.
All collective labour disputes referred to the Supreme Arbitration Board by the parties involved shall be subject to final and conclusive resolution by the Supreme Arbitration Board. Their judgements are approved by a majority vote.
Any dispute that has been resolved by one of the boards, may not be brought up again without the consent of the parties involved.
This blog is based on UAE Federal Law no.8 of 1980
U.A.E. LABOUR LAW
FEDERAL LAW NO. (8) OF 1980
LABOUR LAW AND ITS AMENDMENTS 2001