What should you do if you felt being discriminated against at the workplace?
It’d certainly help if you have a fair enough understanding of the law, said Samirah Nanoz, managing partner at PentaGlobal HR Solutions, and Atty. Karen Santos, associate at Gulf Law UAE.
Nanoz said the first step would be to bring the matter to the company’s Human Resource department which, by law, is required to undertake a proper grievance and disciplinary procedure which includes protection to the aggrieved complainant by virtue of the company’s none retaliation policy.
“Standard process is first, HR should conduct a mediation process to amicably resolve the issue,” Nanoz said. “‘Pag hindi ma-resolve then HR escalates the matter as a formal complaint and the employee should note the details in writing. Investigation will then be conducted to establish facts and HR can recommend suggested action,” she added.
Santos, who specializes in employment and commercial law for her part said, “Article 17 of the Anti-Discriminatory Law provides that a representative, manager or agent of a company is liable if they allow or consent to any employee of the company to violate the law.”
Her advice: “If an employee suffers unfair treatment from the employer, the labor code provides remedies and the employee can bring the matter to the labor courts. It is worthy to know that employees are exempted from court filing fees in relation to complaints against their employers.”
An act of discrimination in the UAE may face imprisonment of up to 5 years and/or a fine of between AED 500,000 and AED 1,000,000.
The UAE government, well aware of the fact that the country has a multi-ethnic labor force, encourages tolerance and acceptance among a community of various nationalities. It created Law No. 2 of 2015, or the Law Against Discrimination and Hatred, on July 15, 2015, aimed at bolstering the multicultural environment in the country, where individuals from different walks of life and background can live and work together.
Following the issuance of the law, the UAE then published a federal statute which specifically prohibits all forms of discrimination on the basis of religion, belief, sect, faith, creed, race, color or ethnic origin. (Henri Abenis-Macahilo)
