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.
Article 156
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.
Article 157
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.
Article 160
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.
Article 161
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.
Article 162
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.
Article 163
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.
Article 164
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.
Article 165
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.