Employment Litigation in the UAE: Rights and Obligations of Employers and Employees

The UAE’s dynamic job market attracts talent from around the globe, creating a diverse workforce across industries. With this growth comes the need for a clear legal framework to balance the rights and obligations of both employers and employees. When disputes arise, employment litigation ensures fairness and compliance with the country’s labor laws.

Rights of Employees in the UAE

Employees are protected by Federal Decree-Law No. 33 of 2021 on Regulation of Labor Relations, which outlines key rights such as:

Timely payment of wages through the Wage Protection System (WPS).
Annual leave and end-of-service benefits as per the law.
Safe working conditions and protection from harassment or discrimination.
Notice period entitlements when contracts are terminated.

Employees also have the right to file complaints with the Ministry of Human Resources and Emiratisation (MOHRE) or pursue litigation if their rights are violated.

Obligations of Employees

While rights are protected, employees also have legal obligations, including:

Respecting the terms of their contracts.
Maintaining workplace discipline and confidentiality.
Serving notice periods when resigning.
Avoiding actions that may harm the employer’s business.

Failure to comply can result in penalties, dismissal, or even compensation claims by the employer.

Rights of Employers

Employers also benefit from strong protections under UAE law, including:

Enforcing contract terms and workplace policies.
Taking disciplinary action for misconduct.
Recovering damages if employees breach contractual obligations.
Terminating contracts within legal guidelines.

Employers can also defend against false claims by presenting evidence before MOHRE or the courts.

Common Causes of Employment Litigation

Employment disputes often arise from:

Unpaid wages or end-of-service benefits.
Wrongful termination claims.
Breach of non-compete clauses.
Workplace discrimination or harassment.
Disagreements over contract terms.

These disputes may first be addressed through MOHRE’s mediation, but unresolved cases can escalate to the courts.

How Saif Al Shamsi and TLG: The Legal Group Help

Saif Al Shamsi, founder of TLG: The Legal Group, has significant expertise in employment litigation. His team supports both employers and employees by:

Reviewing contracts to ensure compliance with UAE labor laws.
Representing clients in MOHRE proceedings and court cases.
Negotiating settlements to avoid prolonged disputes.
Advising on preventative measures like clear policies and dispute resolution clauses.

TLG’s approach focuses on practical solutions, reducing the stress of litigation while safeguarding the interests of clients.

Conclusion

Employment litigation in the UAE ensures fairness in the workplace by holding both employers and employees accountable to their legal rights and obligations. Whether disputes involve unpaid wages, termination, or contract breaches, the law provides a structured process for resolution. With proper legal guidance, parties can resolve conflicts effectively, ensuring that workplaces remain balanced, professional, and legally compliant.