Pre-Litigation Requirements: The MOHRE Process
Before an employment case can be heard by the UAE Labor Courts, the dispute must first be submitted to the Ministry of Human Resources and Emiratisation (MOHRE). The Ministry acts as a mediator to reach an amicable settlement. If mediation fails, the Ministry issues a 'Referral Letter,' which is a mandatory prerequisite for filing a formal lawsuit in court.
Filing the Case in the Labor Court
Once the referral is obtained, the claimant must file the case electronically through the court's portal. The statement of claim should clearly outline the legal basis for the dispute, such as unpaid wages, arbitrary dismissal, or end-of-service gratuity claims. It is essential to provide supporting evidence, including the employment contract and relevant correspondence.
The Judicial Process and Appeals
Labor cases are typically handled by specialized circuits. For claims below a certain threshold, the judgment may be final. However, for larger claims, parties have the right to appeal to the Court of Appeal and subsequently to the Court of Cassation on points of law. Legal representation is highly recommended to navigate the procedural complexities of the UAE judicial system.