Ministerial Resolution No. (782) of 2023 Regulating the Process for Resolving Individual Labour Complaints

Ministerial Resolution No. (785) of 2023

Regulating the Process for Resolving Individual Labour Complaints

Minister of Human Resources and Emiratisation:

Having reviewed the Federal Law No. (1) of 1972 on the competencies of the Ministries and Powers of the Ministers and amendments thereof,

And Federal Decree-Law No. (33) of 2021 regarding the regulation of labor relations and amendments and executive regulations thereof,

And Federal Decree-Law No. (9) of 2022 regarding domestic workers and amendments and executive regulations thereof,

And Cabinet Resolution No. (46) of 2022 regarding concerning formation of collective labor disputes committee,

And Ministerial Resolution No. (47) of 2022 regulating labour disputes and complaints procedures and amendments thereof,

And Ministerial Resolution No. (674) of 2022 regulating labor relations for domestic workers,

Decided as follows:

Article (1)

Individual Labour Complaint

According to Article No. (54) of the above-mentioned Federal Decree Law No. (33) of 2021 and Article No. (23) of the above-mentioned Federal Decree Law No. (9) of 2022, labour complaints may be submitted by employees, domestic workers, employers or their representatives/beneficiaries within 30 days of either party breaching its obligations outlined in the employment contract, law, executive regulations or decisions in force towards one another through the approved channels identified in the procedures manual issued in accordance with the provisions of such resolution.

A labour complaint shall be resolved by the Ministry within 14 days of submission. In accordance with Articles (2) and (3) below, this may be accomplished through settlements, final decisions, or judicial intervention.

Article (2)

Procedures For Examining Individual Complaints Under 50,000 Dirhams Or Ones That Were Settled Amicably.

• The Ministry shall issue a final resolution to adjudicate individual labor complaints in the following cases:
• If the claim value is under (50,000) fifty thousand dirhams;
• If the parties to the dispute reach an amicable settlement, regardless of the amount of the claim;
• In accordance with paragraph (1) of this Article, the ressolution of the Ministry shall be deemed to be an executive order. The executive form shall be attached immediately upon issuing the resolution in accordance with the judicial body’s procedures.
• Either party to the dispute may file a lawsuit before the competent court of appeal to have the dispute reconsidered within fifteen (15) working days of being notified. As a result, the implementation of the final decision issued by the Ministry will be suspended until a final ruling is issued by the competent court.
• When the Ministry renders a final resolution in accordance with paragraph (1) of this Article, those affected by the final resolution shall request cancellation of their original work permit within 60 days of receiving the Ministry’s final resolution, unless the employment relationship continues. In the event of non-compliance with the specified period, the Ministry may cancel the work permit without consulting the parties involved.
• Complainants is entitled to waive their complaint at any time before the Ministry’s final resolution is issued.

Article (3)

Individual Complaints With A Claim Value Greater Than 50,000 Dirhams

The Ministry shall refer individual complaints to the judiciary if an amicable settlement cannot be reached in complaints involving disputed claims exceeding AED 50,000.

Article (4)

Forms And Procedures Manual

The Undersecretary for Human Resources Affairs shall issue a manual containing procedures and forms needed for the implementation of this Resolution in compliance with its provisions.

Article (5)

Annulment

Article No. (2) of Ministerial Resolution No. (47) of 2022 regarding the resolution of labour disputes shall be repealed, and any resolution or provision inconsistent with this resolution shall be rescinded.

Article (6)

Publication And Implementation Date

The resolution shall be published in the Official Gazette and shall take effect on January 1, 2024.