Resolving Individual Labor Disputes in UAE Law
Critical Analytical Study
DOI:
https://doi.org/10.35246/ncagmt32Keywords:
Individual labor disputes, Ministry of Human Resources and Emiratization, Court of first instanceAbstract
The study deals with the issue of resolving individual labor disputes in the UAE law, according to which the jurisdiction to settle individual labor disputes was distributed between the Ministry of human resources and Emiratisation and the judiciary, and the problem of the study revolved around the need to remove the ambiguity of some of the rules contained in the text of the article, and the need to amend some of them either to remove a conflict, or to achieve some important general principles.
The study aims to clarify the cases and conditions of the jurisdiction of the Ministry of human resources and Emiratisation and the competent court to adjudicate individual labor disputes. And to find out the implications of their respective competence. To achieve these goals, the descriptive-analytical method and the critical method were used.
The study of the subject came in two papers, the first one on the competence of the Ministry of human resources and Emiratisation to adjudicate individual labor disputes, and the competence of the court of First Instance to adjudicate individual labor disputes in the second one.
At the end of the study, some of the most important results were reached: the UAE legislator identified the cases of the competence of the Ministry of human resources and Emiratisation to adjudicate individual labor disputes and made their adjudication within friendly solutions, and determined the jurisdiction of the court of First Instance of the same type of cases and made their adjudication within judicial solutions. The most important recommendations were: the need to impose judicial control over the decisions issued by the Ministry of human resources and Emiratisation on amicable settlements in individual labor disputes, especially with the granting of the status of the executive authority for those decisions, similar to what the family mentor issues on disputes of personal status issues.
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References
First: References:
I. Ahmed Abu Al-Wafa, Execution Procedures in Civil and Commercial Matters, Dar Al-Wafa for the World of Printing and Publishing, 2015.
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X. Maryam Al-Sandal, Al-Wajeez in Explanation of the UAE Labor Law in accordance with the Labor Law No. 8 of 1980 and its amendments and related ministerial decisions, United Arab Emirates, Dar Al-Nahda Al-Ilmiyya, 2021.
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Second: Theses and Scientific Research:
I. Ibrahim Qada, Organizing Reconciliation in Individual Labor Disputes, Al-Ma'adiyya Magazine, p. 18, 19, pp. 157-169.
II. Khaled Fayez Al-Huwailah Al-Ajmi, The Principle of the Right to Litigation: A Comparative Study of the Judiciary's Position on the Theory of Acts of Sovereignty and the Idea of Immunization "France - Egypt - Kuwait", Journal of the Kuwait International Law School, vol. 5, special supplement, p. 2, 2017, pp. 81-142.
III. Abdullah Abdulrahman Al-Janahi Al-Khatib, The Principle of Confidentiality in Amicable Dispute Resolution Procedures, Security and Law Magazine, Dubai Police Academy, Volume 23, Volume 1, 2015, pp. 51-110.
Third: Legislation:
I. Federal Decree-Law No. 33 of 2022 regarding the regulation of labor relations.
II. Federal Decree-Law No. 20 of 2023 amending some provisions of Federal Decree-Law No. 33 of 2021 regarding the regulation of labor relations.
III. Federal Decree-Law No. 42 of 2022 promulgating the Civil Procedures Law.
IV. Cabinet Resolution No. 1 of 2022 regarding the executive regulations of Federal Decree-Law No. 33 of 2021 regarding the regulation of labor relations.
V. Ministerial Resolution No. 47 of 2022 regarding the regulation of labor disputes and complaints procedures.
Fourth: Websites:
II. https://www-eastlaws-com
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