Dubai Forums Dubai Discussions Dubai General Chat

What a s**t rule. What about the employers? Are they free if they lose the case?

"Workers who lose their case in a UAE labour court will be banned from working in the country for a year, the Ministry of Labour has said."

http://www.arabianbusiness.com/563627-l ... --official

It's very harsh and one sided isn't it? Employers win again, the little man gets punished. I'd like to know what the punishment is for an employer who loses their case.

Yup, employers are next to God.
At least the situation now is better than many years ago, when complaining about not receiving salary for months would lead to a false charge of absconding or stealing.

Hopefully , the situation will improve in the future....

Anosh wrote:What a s**t rule. What about the employers? Are they free if they lose the case?

"Workers who lose their case in a UAE labour court will be banned from working in the country for a year, the Ministry of Labour has said."

http://www.arabianbusiness.com/563627-l ... --official

All this will do is discourage people from lodging cases in the court. Very very poor. Will this be new rule be cancelled by afternoon???

BlackburnRovers wrote:Hopefully , the situation will improve in the future....

You've got to be kidding. Is there anything that has actually improved here as time passes???

I really hate to say it, but once again it's rash decisions that have not been thought through properly from start to finish.

I'd love o be aq fly on the wall in some of these government metings - i bet it's hilarious!

WELL , if those are ppl like you ,who have too much time in their hands to complains about why the sky is blue LOL then yes you should get punished for making the court spend useless time on you and there for delay the important cases of ppl who are urgently in need of such valuable time, which I may add is something you complain about also in regard of cases being Delayed Or takes a long time.

But again, suppose the company IS at fault? Then no info is given about their punishment. It is one-sideed sadly.

Chocoholic wrote:But again, suppose the company IS at fault? Then no info is given about their punishment. It is one-sideed sadly.

yes, true .but companies don't go to courts complaining 24/7. not unless it un necessary, right ?

but the problem is that we don't seek to know what is our rights in every thing, even us locals so what every you are being asked to do we simply do it. there is the issue of awareness that I'm not sure if we should seek it or immediately hire a lawer or what, I don't know.

But Kid that's half the problem, is that people here have very few rights!

no dear every one have rights but we don't use them ,this is why there are lawer who gets ppl out of jail ! how do you think the do so ?

And do you think that the majority of people in the jails can afford a lawyer?

The jails are over capacity, they have double the number of people that they're meant to hold. People are left inside for months on end, because they have no-one to help them.

I agree with Choco.

One of mine friend got trouble by his employer, After one year the employer won the case and mine friend had to pay 40000 AED to his employer. As employer registered a case that my friend had taken 40000 loan from the company.

Its totally ridiculous. Its one sided rule.

Chocoholic wrote:But Kid that's half the problem, is that people here have very few rights!

some times you get caught in the middles of others mistake let me gives you an example. in our x government department we had to nationalize it so we started rehiring our expat workers in the outsourcing companies ,but to do so we had to give them a 2 months notes but some did not get that note for some reason and got shocked when they got the news the same day they had to leave so they went to court and complained against the government department and won the case and went back to work for another year , so the court gave them their rights even though the hall procedure of firing them and rehiring in privet companies is an order from AD highest command . the AD council. you see where I'm going with this ?

Well the mistake was paid forand rightly so. And just because it's a governmental department should make them exempt? If anything they should be even tougher on themselves! Lead by example and all that.

Chocoholic wrote:And do you think that the majority of people in the jails can afford a lawyer?

The jails are over capacity, they have double the number of people that they're meant to hold. People are left inside for months on end, because they have no-one to help them.

now choc if you don't want to discuss this to help other expats in case they get in such issues then just end it already if it's simply bashing.

where did you get the statistics that jails are over capacity ? now you have to options ones in jail, either prove you innocent to the judge or get jailed and deported. and everyone has someone to help him ,no one lives here by himself. they have friends at least, now it depend on what charges he is facing dear, but mainly financial cases are all proved by official papers that can't be denied from both parties.

by the way AD court system does pay for your lawyer if your finical statues does not allows you to hire one. I'm not sure in how many emirates they applied this.

Chocoholic wrote:Well the mistake was paid forand rightly so. And just because it's a governmental department should make them exempt? If anything they should be even tougher on themselves! Lead by example and all that.

thats what I'm saying, even though it was an individual against a government department and the highest authority in AD he still own the case which makes the system not perfect but acceptable, don't you think ?

Yes indeed.

Anosh wrote:What a s**t rule. What about the employers? Are they free if they lose the case?

"Workers who lose their case in a UAE labour court will be banned from working in the country for a year, the Ministry of Labour has said."

http://www.arabianbusiness.com/563627-l ... --official

Cr@p! Just when I'm about to file a case against ex-company for make difficulties to pay part of salary and end-of-service settlements.
I don't have anything against me though.

This is the reason behind the decision.

Labour disputes soar 50% amid slowdown
The number of labour cases heard in Dubai increased by between 40 and 50 per cent in the first six months of the year, a senior official has revealed.
http://www.business24-7.ae/Articles/200 ... 485e1.aspx

@Xty, you can try this:

"Hussain said 11 judges, in addition to him, handled labour cases. Three were called settlement judges. He praised the settlement judge idea, which was launched in March last year.

Between 60 and 65 per cent of labour disputes are now resolved before they reach court, saving time, effort and funds for the government, courts and those involved in disputes."

Kid, I don't need to look up statistics for jail capacities, direct info from people who've been in there!

Not to mention people sleeping on the floor or outside, inedible food, constant smokey atmosphere and in the open jail, where once you're inside there are no guards, basically if you don't find protection or the 'big boys' you're b***ered - quite literally!

Go file a case anyways, many simply to avoid the hassle of running around the courts settle outside the court. Specially the ones who know they are in the wrong

Yeah, I got no choice anyway. I need the money and have nothing to lose. Now that I'm making "trouble" for them (ex-company), the only problem is if they put a labour ban (winning or losing)!

An employee has actually one year time to complain after visa cancellation and worked with other company (source directly from Tecom).

"Note that you have the right to complaint as long you still did not complete one year after resignation or termination even if your visa is cancelled and you are working with other company."

But if I couldn't get a job and eventually must leave the country (becoming non-resident), the worst case I would not have power at all. I should file a complain before cancellation.

The law in this country is odd. It goes in favor of the employer so there is no point trying to ask if it is fair. Try to resolve cases without going to court and managing some sort of mediation.

Almost any case here actually goes to mediation/counseling bodies/sections. You need a formal letter (if unreconciliable) from these bodies in order to open a case in the court. Example: FZA or Ministry of Labour's labour dispute section, family guidance & reconciliation section (at dubai court) for divorce/custody case, etc.

this is a funny place where you can go to jail for anything under the sun. washing your car, drying clothes in the balcony, bouncing cheques. but not for visitng a red light area

qdabdul wrote:this is a funny place where you can go to jail for anything under the sun. washing your car, drying clothes in the balcony, bouncing cheques. but not for visitng a red light area

You can certainly go to jail for that too, if you get caught.