Ways to Resolve Labor Disputes

Ways to Resolve Labor Disputes

Business is not an easy thing to do. It requires a lot of effort and manpower to make it a success. Capital investment is only one thing for the success of the business. There are businesses who would put lots of money and investors in their company, but they are not successful. Why? The biggest reason is the disputes arising among the stakeholders, managers, and workers. Of course, everyone thinks differently. Whoever has the authority to take the final decision, maybe others don’t agree. However, disputes are a part of a business. Therefore, one should always be ready that he will have people in his business who would try to convince you for another business direction and then disputes arise.

Moreover, in case you don’t have a business partner, but then you have some workers working under you. They might have some problems that cannot be resolved by you or may not have been resolved by you because of your legal policies. You might need to revise the terms and conditions of the employment contract. You are lucky if you are doing business or working in Dubai because that place is considered to be one of the safest centers to start your business. The credit goes to the labor lawyers and labor laws of the UAE. For every problem, Dubai has lawyers to resolve your case. As a labor lawyer, you have to be fair with the manager and the worker, both.

If any dispute occurs in the company, it is the responsibility of the labor lawyer that he should resolve the problems the workers are facing. Since the labour lawyers in dubai know how important that business is and what is the value of the business, they try to make strategies in a way that there shall be no dispute in the company. If the strategies fail to imply in the company, then a written application is filed in the Labor Office of the emirate, where the business is. One of the parties; manager or the worker files the case to the Labor Office with the summary of facts, enclosed copy of the employment contract and due payment. The Labor Office takes the action within two weeks after the case has been filed. After 14 days, the Labor Office calls the either and suggest them sensible recommendations. In most cases, the Labor Office is successful to resolve the dispute but in case, that does not happen then the Labor Office provides the summary of facts, recommendations, and memorandum to the court. Once the case has been gone on the court, both parties have to agree with court’s decision in any way.

As we talk about the fee, the employee does not have to pay the fee if he makes an appeal. But the employer needs to pay the fee. The labour lawyers in dubai are best in giving sensible recommendations to their clients. If there is a problem faced by many workers in one company, they can register their case in the Labor Office but then the Labor Office will take a little longer to make their decision, as it will make a committee first and then give their recommendations to the employees.

MOHRE

Without prejudice, if employer or the employee, has to lodge the complaint in MOHRE(basically in Twaqfuq), then he or she can go and lodge the complaint. Once the complaint is registered then both parties are invited for negotiation and to resolve the matter amicably. Labour & Employment Lawyers are not allowed there, if one has to take the advise then he can also take from MOHRE people or else he can consult his lawyer/lawyers. Case cannot be forwarded to Court directly. It has to be gone through the MOHRE, the negotiation section first. UAE Labour Law and its rules cannot be understood neither Court Cases can be dealt by plaintiff or defendant him self. It needs the expertise which is only possible by the Advocates.