Navigating labour disputes in the UAE



Have a labour dispute? Many assume the first move is to head to court.

But lawyers who handle hundreds of such cases, over issues ranging from hours to benefits to salary, say that is not the case. Before the Labour Court will accept a filing, workers must first try to resolve the issue directly with their employer, then turn to the Ministry of Labour.

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Only after the ministry has failed to negotiate an agreement can a lawsuit be filed, said Mohammed Al Saadi, a lawyer in Dubai.

He laid out an example: an employee who has been sacked from his job or submitted his resignation discovers his employer has watered down all his end-of-service benefits.

"The private sector employee in this case has to try and reconcile with his employer before he seeks the help of the legal system," he said.

"Only when all amicable methods have been used by the employee to try and obtain his benefits from his employer should he seek the help of the Ministry of Labour."

At that point, the ministry will attempt to settle the dispute. If that fails, the ministry is legally obliged to refer the matter to court.

These are crucial steps, he said, and failing to follow them can derail a case before it starts.

And there are variations.

A public employee for the Government of Dubai must file his complaint at the office of the Ruler of Dubai, which will attempt to find an agreement between the two parties. If it fails, it will issue the employee a letter addressed to the Dubai courts regarding the complaints.

Federal employees can file their cases at the relevant Dubai court, Mr Al Saadi said.

According to the Dubai Labour Court, 5,822 labour cases were heard in the emirate last year, compared with 5,138 in 2009. The Abu Dhabi Labour Court, meanwhile, has heard 1,461 cases so far this year, compared with 882 in the same period of last year.

One of the most common types of cases heard is that in which a worker has resigned because he was not paid for months - a situation allowing him to switch jobs without penalty under federal law - and had not received benefits after resigning, according to Khalid Said, a lawyer in Abu Dhabi.

Mr Said said he had a client in the midst of such a case that had been ruled in his favour but was being appealed by the former employer.

Dr Ibrahim al Mulla Advocates and Legal Consultants often sees its benefits cases taken to court, according to lawyers there.

Ma'moon Al Ibrahim, a legal researcher at the office, cited the case of a Malaysian man who had worked for a contracting company with a monthly salary of Dh28,000. He was suspended abruptly last year after working for 18 months.

"They did not pay him any of his benefits - only the last month's salary," Mr Al Ibrahim said. "The Labour Court of First Instance ruled he should get Dh27,750. Which is obviously an incorrect amount, because his salary alone was Dh28,000."

The man's lawyers said he was owed about Dh300,000, the total of his end-of-service benefits, overtime, and compensation for annual leave and arbitrary dismissal.

The appeals court ruled he should be paid about Dh121,000. His company appealed the judgment to the Court of Cassation, but their argument was rejected.

"Usually companies keep fighting until the last minute because they want to avoid paying as much as they can," Mr Al Ibrahim said.

If a company does not abide by the court's verdict, the court takes immediate action by freezing assets, he added.

"Labour cases are dealt with promptly, because they consider the worker's circumstances," he said.

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How to come clean about financial infidelity
  • Be honest and transparent: It is always better to own up than be found out. Tell your partner everything they want to know. Show remorse. Inform them of the extent of the situation so they know what they are dealing with.
  • Work on yourself: Be honest with yourself and your partner and figure out why you did it. Don’t be ashamed to ask for professional help. 
  • Give it time: Like any breach of trust, it requires time to rebuild. So be consistent, communicate often and be patient with your partner and yourself.
  • Discuss your financial situation regularly: Ensure your spouse is involved in financial matters and decisions. Your ability to consistently follow through with what you say you are going to do when it comes to money can make all the difference in your partner’s willingness to trust you again.
  • Work on a plan to resolve the problem together: If there is a lot of debt, for example, create a budget and financial plan together and ensure your partner is fully informed, involved and supported. 

Carol Glynn, founder of Conscious Finance Coaching

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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