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UAE: Can employees sue their boss for verbal abuse and misconduct?

As per the law, an employer is mandated to provide a safe and appropriate working environment to an employee

Question: I work at a freezone company as an administrative executive. A new team leader recently joined our small 3-member department. He is highly disrespectful and often demeans us; his directives are usually inappropriate and unprofessional. Sometimes, he shouts at us and, moments later, buys us snacks to make up for it! However, he is cordial with the company's directors and C-suit executives, and it is impossible to register a formal complaint against him. What do I do in such a scenario? Who do I complain to without worrying about repercussions, especially since ours is a freezone company?

Answer: An employer in the UAE must provide a safe and appropriate working environment to an employee in line with Article 13(13) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, which states, “The Employer shall provide a safe and appropriate working environment."

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Article 14(2) of the Employment Law explicitly prohibits various forms of harassment, including sexual, verbal, physical, and psychological harassment. These forms of harassment may come from employers, superiors, colleagues, or anyone working with the affected employee. The said provision reads as, “It shall be prohibited to exercise sexual harassment, bullying or any verbal, physical or mental violence against the employee by his employer, manager or colleagues.”

Furthermore, if your boss is being disrespectful and is using demeaning language or shouting at you in front of others, he is liable for imprisonment for at least six months or a fine up to Dh5,000. This is by the Article 427 of the Federal Law No. 31 of 2021 On the Issuance of the Crimes and Penalties Law, states:

Article 427: “A penalty of punished imprisonment for a period not exceeding six months or a fine not exceeding Dh5,000 shall be imposed if the libel or slander is committed on the telephone or directly against the victim in the presence of others.”

If your boss verbally abuses or shouts at you, you may consider filing a complaint against your new boss with the Ministry of Human Resources and Emiratisation (MoHRE). Thereafter, you may consider resigning from your employment without serving notice within 5 days after registering the complaint with MoHRE.

This is by Article 45(2) of the Employment Law, which states,  “The employee may quit work without notice and reserve all his entitlements at the end of the service if the employee is subject to assault, violence or harassment at the workplace by the employer, or his legal representative, provided that the employee reports such act to the concerned authorities and the Ministry within  five working days from the date on which he is able to report."

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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