The United Arab Emirates (UAE) takes a strong stance against the abuse and mistreatment of individuals, including overseas workers within its borders. According to Article 374 of the Federal Law No. 3 of 1987, which encompasses the issuance of the Penal Code of UAE, it is considered a criminal offense to slander or abuse anyone in the country. Those found guilty of such actions could face punishment, including detention for up to six months or a fine not exceeding AED 5,000. This law extends to cases where slander or abuse occurs in person or over the phone in the presence of a third party.
In line with this provision, any victim of insult and slander has the right to take legal action against the perpetrator. Under Article 10 (4) of the Federal Law No. 35 of 1992, which pertains to the Criminal Procedure Law, a written or verbal complaint can be submitted to the police by the victim or their legal representative. This complaint will initiate a criminal investigation against the offender. In cases where employees are subjected to abusive language, they can also seek support from their colleagues, who can act as witnesses to bolster the complaint.
Alternatively, employees facing abuse at the workplace can take another course of action by filing a written complaint with the relevant department of their employer or with senior management. As outlined in Article 155 of the Federal Law No. 8 of 1980, which governs employment relations in the UAE, this complaint can be directed to the Ministry of Human Resources and Emiratisation (MOHRE). The process involves a series of steps: “If a dispute arises between an employer(s) and all or part of his/their employees and both parties fail to reach an amicable settlement, the following steps shall be taken:
1) The employees shall submit their complaint in writing to the employer and simultaneously dispatch a copy thereof to the MOHRE;
2) The employer shall reply in writing to the complaint or claims of the employees within seven working days from the date of receipt of the complaint. A simultaneous copy thereof shall be submitted to the MOHRE at the same time;
3) If the employer fails to submit his reply to the complaint within the fixed period or if his reply does not result in settlement of the dispute, the competent MOHRE of its own motion or at a request of either party shall mediate to settle the dispute amicably.
4) If the complaint is made by the employer, he must submit the complaint directly to the MOHRE to mediate for an amicable settlement of the dispute.”
This approach empowers OFWs and other employees in the UAE to seek protection against workplace abuse and seek justice for any harm inflicted upon them. The UAE authorities are committed to upholding the dignity and rights of all individuals within their jurisdiction and strive to ensure a safe and respectful working environment for everyone, including migrant workers.
