Labor cases arise between business owners and employees when disputing over labor rights. In labor disputes, there is a difference in rulings issued by SupremeCourt’s (Court of Cassation) among the Emirate of Dubai, federal courts, and the Emirate of Abu Dhabi. Such disputes arise between employers and employees due to the difference in the mechanisms for calculating employees’ entitlements for the employment period or calculating the benefits that the employee shall receive as a result of the employment relationship and those differences and questions vary. Said disputes may include disagreement over the calculation of the probation period according to the law and not the actual month according to the Gregorian date. The above disputes may also include disagreement over adding the non-paid leave periods to the end of service gratuity, remote work entitlements, salary deductions and increases without signing specific agreements, distribution of salary increases based onthe base salary or allowances while the employee has notsigned a statement of the base salary and allowances.Labor cases may also involve legal disputes concerned with work violations such as breaching confidentiality and non-disclosure agreements, breaching non-competition agreements and committing crimes during the employment relationships. Said crimes may include drinking alcohol, assaulting managers, negligence while performing duties and not giving due care to safety in the workplace, and poor performance. Such disputes usually develop to labor cases between the employer and the employee as the employee demands his/her eligible employment benefits.

Mohamed Al Hajeri Advocates & Legal Consultants Law Firm represents many clients, whether companies or individuals. The Firm follows a customized strategy for each client, taking into consideration the legal nature of labor cases that require special and formal procedures to dismiss employees and terminating their services. In some cases, administrative investigations are also required in accordance with the provisions of the law and estimates of financial and technical performance in estimating the reduction of the number of employees. All the previous is ultimately subject to the discretion of the court, which views the employer as the strongest party in the employment relationship and that the employee is the weaker party. Our Firm is keen on properly representing clients through conducting a comprehensive evaluation of the case, assessing the expected results and potential risks, and working in parallel to offer the settlement option to the company. We also offer the choice to our client of companies whether they prefer that the firm communicates with the employee to discuss a compromise in which the employee waives a portion of the claimed amount in return for speedy payment or at least accepts installment of the claimed amount in case if the amount represents a financial burden on the company due to its current position. All those steps aim at achieving the desired result for companies and business owners to save the cost of litigation, reach business stability, and reduce financial burdens. The Firm offers legal solutions to violations committed by companies and procedures that the company did not implement during ending the labor dispute to avoid subsequent disputes.

Moreover,Mohamed Al Hajeri Advocates & Legal Consultants Law Firm represents many clients of individuals in labor disputes that require a different strategy to resolve the dispute due to the nature to individual clients and their full dependence on the salary. The Firm seeks to fully understand the client’s position and condition and the employer’s capability and desire to settle the dispute. We also take into consideration if our client seeks to reach an amicable settlement that guarantees the maximum benefits. The amicable settlement comes after sending a legal warning to the employer whether during throughout labor lawsuit or before filing it. Yet, in case if reaching a settlement is not an option, the Firm strives to achieve the best results for the client and obtain any financial claims since they are highly important for the client and his/her dependents.

Therefore, Mohamed Al Hajeri Advocates & Legal Consultants Law Firm advises clients to hire professional attorneys and legal consultants who are specialized in drafting lawsuits and claims and representing clients. However, if such option is not available to the individual client due to the cost, the client has to seek professional legal advice in order to understand his/her claims, available evidence and rights since many judicial practices govern the labor law according to each court and these practices are not explicitly mentioned in the labor law as judicial practices are part of the litigation work. Professional attorneys and legal consultants are aware of such practices and new rulings and principles established by supreme courts that are concerned with interpreting legal texts and applying laws to specific facts. Principles established by the supreme courts that are not mentioned in the legal texts of the labor law include, but are not limited to: