This is a matter that will be discussed by JBA’s Head of Litigation and Dispute Resolution at the time of engagement of our services and will be included in your Terms of Business. Please note that the court fees are applicable in two cases i.e. OLD FEES. Appeals are only admissible if the amount in dispute exceeds AED 20,000. Further, an action for injunctive relief, such as in case of a breach of a post-contractual non-competition clause, is unlikely to be successful. Conducting legal proceedings in labour disputes should always be the last resort. 21 of 2015. Judgement Publications. Thank you for your interest in working with Al Tamimi & Company. In case the judgment is final and the losing party does not comply with the ruling, the winning party must apply for the execution of the judgment before the Execution Court. New work permit fees for all categories . UAE Emiratisation Award is an annual award given by the Ministry of Human Resources and Emiratisation to support and honor the pioneers in the recruitment of UAE human resources in the private sector. when the claim is more than AED 100,000/- or when the court appoints an expert in the case. Efforts are currently being made to further speed up proceedings in labour law matters. The average waiting time between the filing of the complaint and the first hearing amounted to 22 days. Claims before the minor circuit are presided over by a single Judge; and. Type the new contract from Tas'heel Centre, Pay there Dh253, attach above documents and get seal and signature of the sponsor and employee and submit it at Tas'heel Centre. This deposit will be refunded back to the client when their exit from the UAE is successfully recorded in the system. Please refer to the table below for a break-up of the visa fee charged. The Major Circuit – for all claims in excess of AED 100,000. The next hearing date has been appointed on 25.11.18 and 25.12.18. Twitter. of audience in court. Subscribe. This means, for example, that it is no longer possible for the employer to apply for new work permits. Interest may also be awarded on any judgment amount, at the Labour Court’s discretion, and this can vary between 9% and 12%. This renewal is unlimited … Partner, Head of Employment & Incentives - The employee in turn does not have to pay any court fees up to a claim value of AED 100,000 pursuant to Dubai Law No. The judge said that my case has been transferred to the "expert service" in the last hearing and I have to pay AED 4000 for that. If the employer files a lawsuit, he has to pay court fees amounting to 5% of the total amount claimed, however, not more than AED 20,000. Paying the fees of expert appointment in the UAE courts. Information and list of MOL offices with locations and contact details. The court fees will become payable upon the issuance of a final Judgment in the matter and will be included in the execution statement issued to be paid at the conclusion of the case. Should a final appeal be issued before the Court of Cassation a flat court fee of AED 2,000 is payable. + Labour Card to be renewed within 60 days from the date of its expiry. In most free zones, such as the Dubai Multi Commodities Centre and the Jebel Ali Free Zone, a mediation procedure must also be performed at the relevant free zone authority before legal action can be brought to court. Al Tamimi & Company’s employment team regularly advises on all aspects of employment law. In principle, claims in labour-related matters can only be for monetary payment. Courts of the Future . If the employer files a lawsuit, he has to pay court fees amounting to 5% of the total amount claimed, however, not more than AED 20,000. No claim for any right due under the labour law will be heard after the lapse of one year from the date the right has arisen. A respondent employer must pay the Labour Court’s court fees regardless of the outcome of any claim, as claimant employees are exempt by law from paying such fees. At the outset, it is important that parties are able to put emotions to one side and consider the practicalities of litigation particularly the costs involved. Please click here to view our latest job openings. If the judgment allows for an appeal, the parties have 30 days from the pronouncement of the judgment to lodge the appeal. If the amount in dispute exceeds AED 100,000, the employee has to pay the same court fees as an employer, i.e. It draws up the statement of claim and forwards the necessary documents electronically to the Labour Court. Tawteen Gate. Government Fees for Medical & Emirates ID: AED 1,130 In the event of an appeal before the Court of Appeal, the court fee payable is 50% of the court fee charged before the Court of First Instance to a maximum of AED 20,000. In further detail, this article considers these costs and expenses that may arise from litigation before the Dubai Labour Court. The employee is exempted from paying any court fees in the appeal stage provided the claim value does not exceed AED 100,000. Work permit for those sponsored by their parents: NEW FEES. Tawteen Partners Club. The fees for the execution proceedings amount to 2% of the amount to be enforced, with the minimum cost being AED 200 and the maximum cost being AED 5,000. If the dispute between the employer and the employee cannot be settled with the Twa-Fouq Centre, the mediation body refers the plaintiff to an Al Adheed Centre. A respondent employer must pay the Labour Court’s court fees regardless of the outcome of any claim, as claimant employees are exempt by law from paying such fees. It is always advisable that both parties factor this aspect into their deliberations and give commercial consideration to resolving matters by other means in advance of proceeding with litigation. Should a final appeal be issued before the Court of Cassation a flat court fee of AED 2,000 is payable. Labour Card validity will be for two years for each renewal. I am kindly asking you to clarify: Payment: All fees and fine for Residence permits shall be paid at AMER center. Labour Court fees are between 5% and 7% of the total judgment award, subject to a minimum amount that depends on which court the claim has been brought before. Dubai Courts News Dubai Courts Receive high-level delegation from the People's Republic of China. Normal Fees not available. The court fees will become payable upon the issuance of a final Judgment in the matter and will be included in the execution statement issued … Xing Submission Fees: Dh40 Application can be tracked through MoL website. Several components make up the total cost of a visa renewal. Before bringing their case to court, claimants can file and track their complaints via MOHRE (Ministry of Human Resources and Emiratisation). If the debtor does not pay after the Execution Court has requested him to do so, his bank accounts can be seized, among other things. SCROLL DOWN. Labour Fee: AED 300 – AED 5,000 (Depending on the Company Category) PRO Fee for Visa: AED 1,575. In 2017, the Courts of the Future was launched by the DIFC Courts and Dubai Future Foundation (DFF) with a mandate to explore diverse legal tech topic areas and to provide research and thought leadership on promoting and encouraging contemporary methods of greater accessibility and efficiency to court users across the globe. To learn more about our services and get the latest legal insights from across the Middle East and North Africa region, click on the link below. Hi, I have a labour case in Sharjah Court against my employer. The employee in turn does not have to pay any court fees up to a claim value of AED 100,000 pursuant to Dubai Law No. At the court of first instance, legal representation is not mandatory. The Courts of First Instance have general jurisdiction of their emirate, including the Civil Court, Criminal Court, and Shariah Court. A typical example would be an employee's claim for damages for what he considers to be an unjustified dismissal by the employer. Dubai and Ras Al Khaimah have their own court systems which are not subject to the Federal Supreme Court. The court awards the winning party only a small amount between AED 2,000 and AED 5,000 at best. No warranty is made as to the accuracy or completeness of the information provided via this service and no liability is accepted by Al Tamimi & Company Limited, its affiliates, partners or employees for any loss arising as a result of reliance upon the information provided. The typical costs that a party may incur during the litigation life cycle include legal professional fees, court fees and the fees of any required court appointed expert. In November 2018, for example, the so-called Remote Litigation Service was introduced. MOL renamed as UAE Ministry of Human Resources and Emiratisation (MOHRE) in Feb 2016. Under certain conditions, the judgment of the Court of Appeal can be challenged in front of the Court of Cassation. In the event an expert is appointed then the fee for such appointment is borne by the claimant employee given it is generally a claimant that makes the application to the court for the expert’s appointment. What are the court fees for filing a Labour case? Hence, before initiating court proceedings, it is essential to ensure that the plaintiff can sufficiently prove his claims by means of documents. 5% of the amount in dispute, … Personal status court (Sharia) Personal status court handles all family cases related to matters such as marriage, divorce, alimony, guardianship, custody and visitation, proof of maturity, proof of lineage and inheritance. However, if the employer and employee are unable to settle their dispute outside the court room, the following aspects have to be considered in relation to legal proceedings in front of the Labour Court in the Emirate of Dubai: The Labour Court is part of the Dubai Courts. At the end of an employment relationship, ideally parties seek an exit strategy agreeable to both. It enables parties to a labour court dispute with a claim value of less than AED 20,000 to attend hearings by means of electronic communication. NEW FEES. Visa Fees. Only Emirati lawyers and some lawyers of other Arab nationalities have right of audience in court. SERVICE TYPE. However, often breakdown of the employment relationship is fractious and emotive and litigation is initially threatened and then pursued. e-Contract: Amended contract / labour card can be printed from MoL website after three days from the date of submission. Employment & Incentives. It is therefore imperative that careful commercial consideration is given to each case, on its own individual merit, before engaging in a litigation process. Although the above mentioned process and fees relates to claims issued in the Dubai Court, there is every possibility that the DIFC Courts may be the better forum for you/ your company’s dispute resolution. If the amount in dispute exceeds AED 100,000, the employee has to pay the same court fees as an employer, i.e. What are the court fees? Each party merely submits its pleadings in writing, including documentary evidence, such as employment contracts, correspondence between the parties and bank statements. In further detail, this article considers these costs and expenses that may arise from litigation before the Dubai Labour Court. Concerned Department: The court of summary jurisdiction with due observance of the rules of jurisdiction and conflict of laws in the Procedural Law and the Law on Civil transactions. How much does it cost to renew my Dubai visa? 797 of 2014 also authorises the MoHRE to block the employer's file with the MoHRE until full payment has been made by the employer. UAE Ministry of Labour or Labor Department help line tel 800-655 toll free in Abu Dhabi, Dubai and the UAE. Get seal and signature of the sponsor and employee on the Labour Contract and submit through Tas'heel Centre . Disclaimer: This chat service should not be relied upon as a substitute for professional advice which takes account of your specific circumstances and any changes in the law and practice. Please click here leave a message and we will get back to you shortly. A respondent employer must pay the Labour Court’s court fees regardless of the outcome of any claim, as claimant employees are exempt by law from paying such fees. Should you have further queries, we are glad to assist you anytime, whether in a personal meeting, over the phone on +971 4 327 5888 or by eMail at info(at)anders.ae. As per the UAE's Labour Law, employers are required to give their employees a two-month, paid notice period before terminating their contracts. Translations have to be prepared by a translator who is accredited by the Ministry of Justice. Thank you for reaching out to me on this. Applicants can upload and send all needed documents electronically, pay fees, get cases registered, and get first hearing date through the Internet. Unlike many common law jurisdictions, in the UAE each party is responsible for their own legal costs as well as disbursements, which are not recoverable from by a winning party, with the exception of a small nominal amount (between AED 2,000 – 5,000) awarded at the final hearing to the winning party at the complete discretion of the court. Witnesses are only heard under exceptional circumstances. If the employer files a lawsuit, he has to pay court fees amounting to 5% of the total amount claimed, however, not more than AED 20,000. When the case is in the court, the employee can apply for a temporary work permit from the ministry, until the case is resolved. According to the annual report of the Dubai Courts for the year 2017, Labour Court proceedings took an average of 89.2 days from the date of filing the complaint to the first instance judgment. Work permit for an event: NEW FEES. Ministerial Resolution No. It is responsible for all labour disputes arising out of employment relationships existing either in the territory of Dubai or in any of Dubai's free zones, with the exception of the Dubai International Financial Centre. Our knowledge, experience, and expertise are now available on the go. Public Notices . Thank you for your inquiry. Labour Contract Fee: Dh53, Visa Stamping: Dh410+Typing charge. The Labour Court also has the discretion to decide the fee payable to an appointed expert and in current practice, this ranges from between AED 5,000 – AED 10,000 depending on the complexity of the issues arising in any given claim. Book an appointment with us, or search the directory to find the right lawyer for you directly through the app. The labour law of the United Arab Emirates does not provide for a claim for reinstatement. The starting position is that all UAE employment disputes outside of the DIFC are governed by the UAE Labour Law No. 21 of 2015. - AED 200. Should a branch appeal (where a respondent employer seeks to appeal a Court of First Instance Judgment in response to an employee’s appeal of the Judgment) be warranted, the respondent employer would be required to pay a court fee equivalent to 50% of the Court of First Instance court fee upon submission of the branch appeal. Immigration staff will review the application, will check applicant status either he/she is clear from court and criminal cases or not, if immigration accepted the request, an applicant need to pay the application fees around 200 AED and will require to buy air ticket to … In general, each party must bear its own lawyer's fees. I can see that two months' salary (Dh37,500 x 2) + 21 days/annum prorated for six months has been withheld illegally against the UAE labour laws (over Dh80,000). AED 50. Age above 65 Years: Labour Card can be renewed according to the the above mentioned fees till the age of 65. The employee is again exempted from the fees up to a claim value of AED 100,000. The proceedings in front of the Labour Court in Dubai are conducted in Arabic. Hence, it must be ensured that court proceedings are initiated in a timely manner. Please choose one of the following options below: Notarial services and document certification, The Minor Circuit – for all claims up to the value of AED 100,000. ANDERS LEGAL CONSULTANCY Sama Tower   Office 806   Sheikh Zayed Road   Dubai   UAE Phone +971 4 327 5888   info(at)anders.ae. The Execution Court will ask the losing party to pay the awarded amount as per the judgment within 15 days. The new … For disputes up to this value, the judgment of the court of first instance is final and cannot be challenged in a higher court. The Labour Court is divided into 2 separate circuits, namely – The Minor Circuit – for all claims up to the value of AED 100,000. 8 of 1980 (the Labour Law), which is ultimately enforced by the UAE's Labour Courts. Should a final appeal be issued before the Court of Cassation a flat court fee of AED 2,000 is payable. If you are an existing business owner or an entrepreneur looking to start a business in Dubai, here is the list of the new UAE work permit fees. It is usually more time and cost effective to negotiate an amicable settlement out of court. It is important to note, however, that it is within the Labour Court’s discretion to direct both parties to pay the expert fees equally, irrespective of who has requested the expert appointment. My Tamimi App, a convenient new tool for anyone with an interest in the legal sector, from law students to General Counsel. Samir Kantaria AED 100. If the employer holds shares in other companies, the MoHRE can also arrange for the files of these companies to be blocked. Dubai portal explains that this requires coordination with both Department of Naturalisation and Residency and Ministry of Human Resources and Emiratisation. “However, labour cases fi led by employers against employees before the Abu Dhabi Courts of First Instance, will be subject to court fees amounting to 3% of the claim value, subject to a cap of 30,000 … Claims brought before the major circuit are presided over by a panel of three Judges. OLD FEES. Fees and Deposits Payment. However, if the worker loses the case, the court may ask him to pay the fees. The labour court in Dubai handles cases that are filed by private-sector employers or employees against each other and usually relate to issues like unpaid salaries, compensation for abrupt dismissals and others.

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