Daijiworld Media Network - Dubai (SHP)
Dubai, Jul 30: Abusing any individual at a workplace in the UAE will land the accused in jail as it would be registered under criminal offence. Article 374 of the Federal Law No 3 of 1987, Penal Code of UAE states: Punishment by detention for a period not exceeding six months or by a fine not exceeding AED 5,000 shall apply if slander or abuse is transmitted by telephone, or face to face with the victim and in the presence of a third party.
Under the provision of law, Article 10 (4) of the Federal Law No 35 of 1992 related to Criminal Procedure Law, a criminal action against the accused will be registered if a written or verbal complaint by the victim or their legal representative is filed with the police. In cases such as these, colleagues can serve as a witness.
There is also another provision for the victim to register a complaint with higher management, where a copy of the same could be addressed to the Ministry of Human Resources and Emiratisation (MOHRE). Relating to this, Article 155 of the Federal Law No 8 of 1980 regulating employment relations in the UAE (the 'Employment Law') states: 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.”