Harassment at workplace is not acceptable in any part of the world. Over the past few years, the UAE has made sincere efforts to address harassment-related cases at workplace.
Nonetheless, the lawful conduct at workplace at absolute necessity that safeguards the employers and employees.
The workplace is known to be an interactive space where workers, employers, business partners, and other stakeholders can communicate, work and thrive together. Labour and Employment Lawyers, provide legal advice and litigation support.
Need of Laws for a Safer Working Environment in UAE:
This is a legal and professional matter that deeply impacts the workers, employees, and the overall workplace atmosphere. The UAE legal system strengthens the enforcement policy to ensure a healthy and respectful workplace communication.
UAE labor laws and UAE Penal Laws strongly oppose the idea of labor exploitation at workspaces.
The main motive is to shield the dignity and safety of employees in the UAE. Moreover, the UAE government took a firm stance over promoting safer and fair workplace practices over time.
UAE Laws for Dealing with Workplace Harassment Cases:
There are federal laws that stand tall in handling the illicit practices at workplace. The issue of harassment is not treated in a personal capacity.
It is a legal matter that is dealt with under the UAE labor law and other emirate regulations. Along with labor laws, there are criminal laws that support harassment cases in the UAE.
Nonetheless, Federal Decree-Law No. 33 of 2021 on the Regulation of Labor Relations establishes boundaries for the employees and employers’ relationships and also sets guidelines for a protected working environment within workspaces.
Besides, it is also supported by the UAE Penal Code. The law declared harassment at workplace as a criminal offense. As per the law, the act of harassment, discrimination, threats, intimidation, insults, or inappropriate behavior is termed a criminal offense.
This will trigger the criminal liability that holds punitive measures that depends upon the nature of the offense and severity of the action.
Types of Harassment taking place at Work Space:
The term Harassment at Workplace refers to indecent actions, immoral behaviors that threaten, intimidate, insult, coerce, or degrade the employee. The harassment can be in form verbal or physical. Verbal have emotional, mental, or psychological setback.
Abusive language, unwanted advancements, inappropriate messages, degrading gestures, and misuse of authority are all declared as part of harassment at workplace. Contrarily, sexual conduct is part of physical harassment.
There are various types of harassment. Verbal harassment has psychological and mental impactions.
It can be in form of pressures, threats, insults, and coercion. It could be in offensive comments, undue pressures, isolation, or intimidation from colleagues and much more.
Conversely, sexual harassment is part of physical harassment that involves undue comment, inappropriate gestures, or signaling, unwanted advances related to sex.
This is a clear abuse of authority. The power may be misused to exploit labor. Intimidation is taken as a serious matter in the UAE. At workplace the behavior, action, and conduct is under scrutiny to ensure no ill-treatment of employees.
Right of Employees in Workplace Harassment Cases:
The workers in the UAE are protected under the UAE labor law and local regulations. Every workers have the full right to work freely in a safer work environment in Emirates without any harassment and intimidation.
The employee can launch a complaint against the employer or co-workers in case of any kind of harassment.
All matters such as wrongful termination, unfair dismissal, demotion, or salary deduction are also part of harassment at the workplace, which is strictly forbidden. They should be reported at the earliest.
If the employer retaliates, the employee has the right to seek legal recourse. The UAE law provides legal protection to the workers.
Furthermore, they are encouraged to report misconduct as early as possible rather than remain quiet. There are multiple legal channels available in the UAE to protect employees’ rights against workplace harassment.
Employers’ Obligation in Harassment-Related Matters:
The employer is bound, as per the UAE labor law, to provide a secure and dignified environment to work for its workers.
The law instructs employers to have strong internal control policies that discourage harassment at work. The policy explains regarding disciplinary process against the perpetrators.
Furthermore, the law also empowers the employers under the law and anticipates that they take the harassment cases seriously. They will investigate the issue and take prompt and swift action to address it.
There are preventive measures that must be promoted within workplaces to educate the employees. It may be in form of educational seminars, training sessions, awareness programs, and more.
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Results of Workplace Harassment:
The offenders will face serious legal consequences in the UAE. They may face heavy charges, jail sentences, termination, criminal proceedings, and other disciplinary actions.
The UAE labor law will guide on the penalties and punishments. Harassment at workplace is a serious violation which is dealt with seriousness.
On the other hand, the workplace harassment laws protect the victims of false accusations and fake objections. Making malicious or untrue complaints is also taken seriously.
The investigation will take place into fake or false allegations. Every aspect will be assessed in detail during the series of investigations. Also, the evidence will be analyzed to draw reasonable and fair resolutions.
Internal Reporting of Harassment:
First, the matter should be communicated internally. In the UAE, all businesses have internal complaint procedures to address harassment cases.
The internal HR department receives the complaints from employees. Moreover, there are some businesses that have designated compliance offices to deal with such matters in the UAE.
It is their duty to carefully listen to the matter coming from workers and conduct investigations accordingly. The employer must maintain utmost confidentiality in dealing with sensitive matters.
The messages, emails, recordings, photos, witnesses, incident logs, historical records, and paperwork are useful to support the claims.
External Dispute Resolution Mechanism for Harassment Cases:
There is an external Reporting method available to deal with harassment cases in the UAE. The complaints are filed with the UAE labor authorities and law enforcement agencies of the UAE.
The labor authorities try to mediate in harassment cases. If the cases remain unresolved, they are referred to the UAE labor courts.
Criminal complaints can also be filed in workplace harassment cases as per the UAE penal code.
