Are you facing harassment at your workplace? The feeling of being targeted, belittled, or disrespected in your professional environment can be overwhelming. You may wonder whether what you’re experiencing constitutes harassment, and if it does, what actions you should take. This legal blog offers a thorough guide. It explores the definition of harassment, details the reporting process, and advises on pursuing legal remedies. For individuals in Dubai seeking assistance, it underscores the importance of consulting top criminal lawyers for support and guidance.
Understanding Workplace Harassment
In the UAE, harassment at the workplace is strictly prohibited. Federal Decree Law No. 33 of 2021 and Cabinet Resolution No. 1 of 2022 have reinforced the legal obligations of employers to provide a safe and appropriate working environment. This includes protection from any form of harassment, as outlined in Article 13(13) of the Employment Law.
Harassment can take several forms:
1. Discriminatory Harassment: Based on race, age, gender, religion, or disability.
2. Physical Harassment: Involves physical attacks.
3. Psychological Harassment: Includes tactics aimed at undermining an employee’s mental resilience.
4. Sexual harassment
The Role of MoHRE
The Ministry of Human Resources and Emiratisation (MoHRE) plays a pivotal role in addressing workplace harassment. It serves as a regulatory body and mediator, ensuring a conducive work environment that prioritizes mental well-being and professional growth. MoHRE is responsible for the formulation and enforcement of labor laws in the UAE, including those pertaining to Mental Harassment at Workplace UAE Law. The Ministry ensures that both employers and employees are in compliance with the legal frameworks, thereby creating a balanced and fair work environment.
What can you do?
The UAE Labor Law now explicitly prohibits different forms of harassment under Article 14, which implicitly covers various types of Mental Harassment. Employers are legally bound to create a harassment-free work environment that safeguards an employee’s mental health.
Additionally, it sheds light on the recently enacted UAE New Domestic Workers Law, underscoring the evolving legal landscape and protections for domestic workers in the UAE.
If you are facing harassment at your workplace, understanding your rights and the available legal recourse is crucial. Here’s a step-by-step guide on how to navigate this challenging situation:
If you experience harassment, begin by addressing the issue directly with the colleague responsible. Emphasize that their actions are considered a criminal offense in the UAE.
2. Employer Complaint:
If the problem persists despite your efforts, report the issue to your employer. They are obligated to investigate such complaints thoroughly.
3. Internal Investigation:
Your employer should conduct an internal investigation based on your complaint, ensuring a written record of the process. If the investigation reveals inappropriate behavior, your employer may take disciplinary actions, including termination.
4. Criminal Complaint:
In case your employer’s intervention does not resolve the issue, you have the right to file a criminal complaint with the Dubai Police, referencing Article 411, Article 412(1), and Article 413 of the UAE Penal Law. If you are facing any kind of work harassment, it is advisable to reach out to lawyers in Dubai who can give you consultation on the basis of your situation.
Are there any legal remedies & compensation?
Recent Legal Changes in the UAE:- On February 2, 2022, the UAE implemented Federal Decree-Law No. 33 of 2021, which introduces vital changes to labor regulations. Employers are now strictly prohibited from discriminating against employees based on factors such as race, color, sex, religion, national origin, social origin, or disability. Additionally, the law explicitly forbids sexual harassment and any form of bullying, whether verbal, physical, or psychological, within the workplace. Employers can face fines for breaches, starting from AED 5,000 to AED 1 million. It is essential for both employees and management to be aware of these changes.
Victims of workplace harassment can seek legal recourse through the UAE labor courts. These courts have the authority to award compensation based on the severity of the harassment and its impact on the employee’s mental health.
Companies are encouraged to develop clear policies that define what constitutes harassment and the steps for reporting it. These policies should be communicated to all employees and easily accessible. Training programs can be an effective way to educate employees about the dangers of harassment and how to prevent it. These programs should be mandatory for all employees, including management.
Workplace harassment is a serious issue, but the UAE has taken significant steps to protect employees from all forms of harassment. By understanding your rights and the available legal recourse, you can stand against workplace harassment with confidence. If you are facing harassment, consult lawyers in Dubai or legal consultants in Dubai for expert guidance. Remember, the UAE is committed to creating a safe and respectful working environment for all employees, and you have the legal rights and support to ensure your well-being at work.
When it comes to helping people navigate the tricky world of Workplace Harassment, BSB Legal is an invaluable resource. Expertly crafted by seasoned attorneys and top legal experts, this legal handbook offers a thorough rundown of pertinent legislation as well as perceptive tactics for dealing with and preventing harassment. The package provides victims with the tools they need to protect their rights and pursue justice by skillfully fusing legal knowledge with useful guidance. This resource highlights the value of legal advice and the proficiency of legal professionals in effectively handling workplace harassment in a world where knowing one’s legal rights is vital.