Collective Labour Disputes in UAE labour law -United Arab emirates Dubai and Abu dhabi –Labor Disputes refer to controversy between an employer and its employees regarding the terms (such as conditions of employment, fringe benefits, hours or work, tenure, wages) to be negotiated during collective bargaining, or the implementation of already agreed upon terms.
Article 154 Collective Labour Disputes definition
As per article 154 uae labour law A “collective labour dispute” refers to any dispute between an employer and his workers, which involves the common interest of all or a group of the workers in a certain firm, occupation, trade or professional sector.
Article 155 Collective Labour Disputes
As per article 155 uae labour law Where a dispute occurs between one or more employers and all or a certain group of their workers, which the parties fail to settle amicably, the following procedures shall be adhered to:
1. The workers shall submit their complaint or claim in writing to the employer, with a copy thereof to the labour department.
2. The employer shall reply in writing to the workers’ complaint or claim within seven working days from date of receipt. He shall at the same time send a copy of his reply to the labour department.
3. If the employer fails to reply within the prescribed time limit or if his reply does not lead to a settlement of the dispute, the competent labour department shall, either at its own initiative or at the request of one of the parties to the dispute, mediate an amicable settlement.
4. Where the claimant is the employer, he shall submit his complaint directly to the labour department, which shall mediate between the parties to settle the dispute amicably.
As per article 156 uae labour law If the mediation of the competent labour department does not lead to a settlement of the dispute within ten days from the date of its taking cognizance of the issue in dispute, it shall refer the dispute to the competent conciliation committee for determination and shall accordingly inform both parties in writing.
As per article 157 uae labour law A committee, to be called the conciliation committee, shall be set up within each labour department by resolution of the Minister of Labour and Social Affairs.
Article 158 UAE labour law Collective Labour Disputes definition
As per article 158 uae labour law Each party to a dispute shall pursue the dispute before the conciliation committee until a settlement is reached; the committee shall issue its decision by majority vote within two weeks from the date the dispute was referred to it. Such decisions shall be binding on both parties if they have agreed in writing before the committee to be bound by its decisions. In the absence of such agreement, either party or both of them may appeal against the committee’s decision to the Supreme Arbitration Board within 30 days of the date on which the decision was given; otherwise, the decision shall become final and enforceable.
Article 159 Collective Labour Disputes definition in uae labour law
As per article 159 uae labour law Neither the repudiation of employment contracts nor the dismissal of workers’ representatives to the conciliation committee shall preclude such representatives from continuing to discharge their functions on the committee, unless the workers elect other representatives in their place.
As per article 160 uae labour law A board, to be called the “Supreme Arbitration Board” shall be set up within the Ministry of Labour and Social Affairs to settle collective labour disputes. The Board shall be composed as follows:
1. The Minister of Labour and Social Affairs, as chairman. In the event of his absence, the Under Secretary or the Director-General of the Ministry shall replace him.
2. A judge of the Federal Supreme Court, to be appointed by order of the Minister of Justice on the nomination of the plenum of the Court – as member.
3. A person of high integrity, knowledgeable and experienced in the relevant area, to be appointed as member by order of the Minister of Labour and Social Affairs. Two alternate members may be appointed from the same categories as the two principal members, to take their place in the event of their absence or inability to serve. Principal and alternate members shall be appointed by one and the same decree of appointment, for a renewable term of three years.
As per article 154 uae labour law The Supreme Arbitration Board shall be competent to finally and conclusively settle all collective labour disputes referred to it by the parties concerned. Its decisions shall be taken by majority vote and the grounds on which such decisions are based shall be stated.
As per article 162 uae labour law The Council of Ministers shall, based on a proposal to be submitted by the Minister of Labour and Social Affairs after consultation with the Minister of Justice, issue an order regulating litigation proceedings and any other rules necessary for ensuring efficient progress of work of the Conciliation Committee and the Supreme Arbitration Board for settlement of collective labour disputes. For the purposes of carrying out their functions, these boards shall have the right to examine papers, documents, records and other evidence and to order the custodians thereof to submit the same to them, to enter premises for conducting the necessary investigation, and to take any measures they deem appropriate for the settlement of the dispute.
As per article 163 uae labour law None of the parties to a dispute on which a final decision has been rendered by any of the boards provided for in this Section shall raise it again except with the mutual agreement of the two parties concerned.
As per article 164 uae labour law The boards provided for in this Chapter shall apply the provisions of this Law, the laws currently in force, the provisions of Islamic Sharia law, and any rules of customary law and principles of equity, natural law and comparative law consistent therewith.
As per article 165 uae labour law The decisions of the Supreme Arbitration Board in settlement of collective labour disputes shall be applied in collaboration with the competent authority in each Emirate.