Legal Recourse for UAE Employees Facing Verbal Abuse and Misconduct by Employers
26 July 2024
Glory Sony
The UAE prioritizes a safe and respectful work environment for its employees. Verbal abuse and misconduct by employers are illegal and can have serious consequences.
Dubai: This article dives deep into your rights as an employee in the UAE and the legal framework protecting you from such behavior.
Understanding the Scenario
In many workplaces, employees occasionally face challenges that extend beyond professional disagreements. For instance, working as an administrative executive at a freezone company, you may encounter a new team leader whose behavior is highly disrespectful and often demeaning. Such leaders may shout at employees and then attempt to make amends with superficial gestures like buying snacks. This dual behavior can create a hostile work environment, especially when the leader maintains a cordial relationship with the company's directors, making it difficult to file formal complaints without fear of repercussions.
What Constitutes Verbal Abuse and Misconduct?
The law doesn't provide an exhaustive list, but verbal abuse can include:
• Shouting or yelling
• Swearing or using offensive language
• Making threats or intimidation
• Humiliation or insults
• Derogatory remarks about race, religion, or nationality
UAE Legal Framework for your protection
The UAE has a robust legal framework to protect employees from various forms of workplace abuse.
•Federal Decree-Law No. 33 of 2021 on Regulation of Employment Relations: Article 13(13) mandates employers to provide a safe and suitable work environment. This includes protection from harassment, encompassing verbal abuse. Additionally, Article 14(2) of the same law explicitly prohibits harassment in any form, including verbal, physical, and psychological abuse. This legislation safeguards employees from mistreatment by employers, superiors, colleagues, or any other individuals at the workplace.
•Federal Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law: Article 427 prohibits insulting anyone, including employees, with potential penalties of imprisonment (up to 6 months) or fines (up to Dh5,000). This law serves as a deterrent against workplace abuse and provides a legal avenue for employees to seek justice.
Taking Action Against Verbal Abuse
Employees who experience verbal abuse or other forms of misconduct have the right to take action.
•The first option is to file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). Upon filing the complaint, employees can also choose to resign without notice within five days, as outlined in Article 45(2) of the Employment Law. This provision ensures that employees can leave a hostile work environment while retaining their entitlements, provided they report the misconduct to the relevant authorities within the stipulated timeframe.
•The second option can be Resignation without Notice: If the abuse is severe, you can resign without serving a notice period, provided you register a complaint with MoHRE within five (5) days of resigning.
Additional Considerations
•Evidence Collection: Maintain a record of the abuse, including dates, times, witnesses (if any), and specific details of the incidents. Emails, recordings (subject to UAE recording laws), or notes can be helpful.
•Seeking Legal Advice: Consulting a lawyer specializing in UAE labor law can be beneficial, especially for complex situations or seeking compensation.
In conclusion
Remember that as an employee you have the right to a respectful work environment. Don't hesitate to take action against verbal abuse and preserve your well-being. If a boss engages in behavior such as demeaning language or public shouting, they can face severe penalties for misconduct. The UAE law has set protection metrics to assist you in maintaining your dignity as a human being.
ALKETBI TOUCH:
ALKETBI emphasizes the importance of understanding one's legal rights in the workplace. Our team is highly skilled and frequently provides legal assistance specializing in sustaining employees and businesses. ALKETBI advises employees to seek legal counsel when facing abuse and to utilize the protections afforded by UAE law. For further insights and updates on law reforms, visit our website and social media platforms. If you request further advice or have concerns and queries, contact us!
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