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| Labor Law - Ch09 Labor Disputes | | CHAPTER IX
COLLECTIVE LABOUR DISPUTES
Article 154
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
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:
- The workers shall submit their complaint or claim in writing to the employer, with a copy thereof to the labour department.
- 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.
- 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.
- 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
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
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
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
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
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:
- 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.
- 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.
- 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
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
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
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
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
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.
Creation date : 27/05/2007 @ 14:11
Last update : 28/05/2007 @ 09:40
Category : Labor Law
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| Reactions to this article |
Reaction #13 |
by raja 17/08/2010 @ 01:21
Dear sir, We are the labor in AL NAJMAH STATIONERY L.L.C in DUBAI where we are working 8/10 hours in Ramadan. Sir u know also present time its too much hot & there without fan we are working.If you kindly SEND/VISIT anybody our company thats u know your labors are how suffer thase problems. Please sir kindly see its. Thanks for your Responsibility. |
Reaction #12 |
by merchandisers
18/07/2010 @ 17:06
From: Merchandiser Masafi <merchandisermasafi1@yahoo.com>
To: ecomplain@mol.gov.ae
Sent: Tue, May 18, 2010 4:40:58 PM
Subject: a respectful request
Dear Sir/Madam Ministry Of Labour UAE. Dubai We are the employ under Masafi co. have been serving as a MERCHANDISER post since many years since we don't have any DAY OFF.even we had request to our manager/supervisor or complaint to HR. we are 22 merchandiser in Dubai branch Everyday we are working 11 to 12 hrs. and friday 8 hrs but some of us friday also working 11 to 12hrs. Per day we are getting 1hour extra overtime and friday 6 hrs overtime but we are force to work more than that. in which there is no any DAY OFF. We rememberd only on-e we have got a day off when Former US President has Visited to UAE.(i.e. because of road block) We wanted to complain against our weekly DAY OFF which they have not given to us.since many years we asked for the day off but our Manager / Supervisor got engry to us. threated us ,if we asked for it they will terminated us and they did it also.coz, some of our friend terminated already coz they asked for it. that is why we dicided to complain directly to Ministry of Labour. We are working in a leading Miniral water company of the country, in which duty is very havy everyday we are working so heard and feel so tired and there is no rest for the body our manager and supervisor will threat us if we have taken SICK LEAVE sometime.they are talling us if you are not fit for work just leave the company and we are afraid.its very hard to get another job in this time. we have to drink energy drink all the time coz,we have to work watever we are feeling good or not. some of the time we have night duty on market(2 or 3 times a month),in which we have to go 11 pm at night untill straight tomorrow evening,that is,17 hrs without sleeping. if we ask supervisor to take a rest he will not given and force to go for straight continued duty till evening.which make us so tired.,and UNHEALTHY. Not only that, about our ANNUAL VACATION, they have not given that all what we have,even we have sussesful completion of 2 years we have right to get our full vacation according to labour law, but they only allowed 30 to 40 days in two years,in between there is no any day off. that is why we have so many pending leave but our manager and supervisor threatingly force us to get our leave in CASH.otherwise it will deleted as per them. dear Sir/Madam, we just want only weekly DAY OFF only ,so that we can give rest to our body,we are only human beings we need rest for the body sometime. we don't know what will happen after our manager /supervisor comes to know that we had complain to ministry of labour,we are hopping for the positive reaction on it. we are hiding our names coz, we know they wants to find out whos are behind this complain and might can terminate us.so please help us.we only want DAY OFFwe are going to the clinic everytime coz we are feeling so unwell and those doctors suggested us to complain to the ministry,so that we courage to do it. |
Reaction #11 |
by MCM
23/06/2010 @ 06:15
So Much labor laws statement and articles... But is this really matters when you can not even memorize and implement one? Labor Office should put an Big' open eye to all company. There is too much company undermining the reputation of a poor people who like to work and help your country's economy grow. Don't you think you should take care more on "Laborers"... that's why they call your office Labour Office, and not too much on the business class side.
What you will do if the owner of the company has too much friends in Labour Office?... do you allow them to punish their laborers... allow them not to give on time monthly salary.... delay settlement pay for those people who resigns... and to make problem for those people who want to resign...
I think it is time for your office to give a helping hand.. Dont be one sided... Stay in the middle... Let justice prevails...:)
|
Reaction #10 |
by raj
10/06/2010 @ 06:46
There is company by name SPI publishing in diera, which is on 2nd floor room no 207 in old labour office building, next to mamzar centre.
there are 10 employees, out of 1 philipino, 1 egyptian rest all indians. and there is 1 employee dont have labour permission to work.
If you people really worried about goverment rules go and arrest them or put case on them. you people unnecessary arrest poor people who struggle instead try to do something good and being one of govt department do ight thing for goverment. you must keep balance in employee strength. not only inians. i heard that the rule, if thre is 10 employees in the company out of 4 arabs, 2 philipino or srilankan, 3 indians and 1 other nationality.
if you people serious about your jobs go and investigate the owner of SPI. his name is Shantanu Pansalkar, his mobile no is 0506560041 and office number is 04-2659704.
if you have any concern call me on my mobile 00919945271095, or mail me.
Let me see what action you people will take. if you take serious action i will respect your department. if not i treat like yours waste department, where people only sleep don't work seriously, and trouble wrong people. |
Reaction #9 |
by HASSAN 08/06/2010 @ 12:49
Dear Sir, I would like to know whether it is true that since I am employed under the immigration visa 1 year contract Dubai and I had resigned in three and half months. Do i need to pay six thousand AED to the company. Please advice? Thanks, |
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