MOHRE Complaints vs Civil Courts: Which Path to Take for UAE Employment Disputes
Should you file a MOHRE complaint or civil court case? Compare procedures, timelines, costs, and success rates to choose the right path for your UAE dispute.
Key Takeaways
- All employment contracts in UAE must be limited-term (fixed-term) under the new labour law
- Contracts must be registered with MOHRE within 14 days of signing
- Notice period must be between 30-90 days as specified in the employment contract
When employment disputes arise in the UAE, understanding whether to file a MOHRE complaint or pursue civil court litigation determines your timeline, costs, and likelihood of success. The choice isn't always yours—jurisdiction depends primarily on whether your employment contract was registered with the Ministry of Human Resources and Emiratisation (MOHRE) before the dispute arose.Filing in the
wrong forum wastes time and may result in dismissal for lack of jurisdiction. MOHRE handles post-employment disputes where registered contracts exist, offering free mediation and expedited resolution. Civil courts adjudicate pre-employment disputes like withdrawn job offers, contract formation issues, and cases where MOHRE mediation failed.This comprehensive guide explains jurisdictional boundaries
between MOHRE and civil courts, compares procedures step-by-step, analyzes costs and timelines, examines success rates, and provides decision frameworks to help you choose the correct path—or understand why you have no choice—for your specific employment situation.Understanding Jurisdictional BoundariesUAE employment dispute resolution operates under strict jurisdictional rules. Filing in the
correct forum from the start saves months of procedural delays.MOHRE Jurisdiction: When MOHRE Has AuthorityMOHRE has exclusive jurisdiction over employment relationships governed by Federal Decree-Law No.33 of 2021 (UAE Labour Law) where:Contract Registration Occurred:The employment contract was registered with MOHRE before the dispute arose. Registration typically happens within employee's first
days of employment when employer completes visa and work permit processes.Mainland Employment:Employer holds mainland UAE trade license from Department of Economic Development (not DIFC, ADGM, or certain other free zones with separate employment regimes).Private Sector Employment:Employee works in private sector. Government employees, domestic workers, and agricultural workers fall outside MOHRE labour
law jurisdiction.Post-Employment Disputes:The dispute concerns the employment relationship after it commenced—salary, benefits, working conditions, termination, gratuity, leave entitlements.Typical MOHRE Jurisdiction Cases:Unpaid or delayed salary during employmentWithheld end of service gratuityUnfair dismissal or arbitrary terminationAnnual leave violationsUnpaid overtime compensationWorking hours
violationsEmployment contract terms disputes (post-registration)Sick leave entitlement disputesWorkplace discrimination or harassment (with MOHRE-registered contract)MOHRE's Role:MOHRE doesn't just mediate—it enforces Federal Labour Law. After mediation attempts, unresolved cases proceed to specialized labour courts (part of UAE civil court system but dedicated to employment matters) where judges
apply Federal Decree-Law 33/2021.Civil Court Jurisdiction: When Courts Have AuthorityCivil courts (not through MOHRE) have jurisdiction when:No MOHRE Registration:The employment contract was neve...
About This Article
This article provides general information about UAE labour law and employment regulations. The information is based on Federal Decree-Law No. 33 of 2021 and subsequent amendments. For specific legal advice regarding your situation, please consult with a qualified legal professional or contact the Ministry of Human Resources and Emiratisation (MOHRE).