You may initiate a criminal complaint against the person who used abusive language against you and other employees.

At my workplace, we have a senior manager who swears at us during meetings when he is disappointed. I understand that our work is very stressful, but does that give him the right to insult his colleagues? I would like to know how to file a complaint against him. I do not have any recording of his swearing or insults, but my colleagues can stand witness.



Pursuant to your queries, an employer should not abuse his employees at the workplace as abusing any individual in the UAE is a criminal offence. This is in accordance with Article 374 of the Federal Law No. 3 of 1987 in issuance of Penal Code of UAE. It states: "Punishment by detention for a period not exceeding six months or by a fine not exceeding Dh5,000 shall apply if slander or abuse is transmitted by telephone, or face to face with the victim and in the presence of a third party."



Based on the aforementioned provision of law and Article 10 (4) of the Federal Law No. 35 of 1992 related to Criminal Procedure Law, a criminal action may be lodged upon a written or verbal complaint of the victim or their legal representative with the police against the perpetrator of an offence related to insult and slander. Therefore, you may initiate a criminal complaint against the person who used abusive language against you and other employees. Further, your colleagues as witnesses may support your complaint.



On the other hand, you and your colleagues may file a written complaint with the department concerned of your employer or senior management of the employer. A copy of the said letter may be addressed to the Ministry of Human Resources and Emiratisation (the 'MOHRE'). This is in accordance to Article 155 of the Federal Law No. 8 of 1980 regulating employment relations in the UAE (the 'Employment Law') which states: "If a dispute arises between an employer(s) and all or part of his/their employees and both parties fail to reach an amicable settlement, the following steps shall be taken:



1) The employees shall submit their complaint in writing to the employer and simultaneously dispatch a copy thereof to the MOHRE;



2) The employer shall reply in writing to the complaint or claims of the employees within seven working days from the date of receipt of the complaint. A simultaneous copy thereof shall be submitted to the MOHRE at the same time;



3) If the employer fails to submit his reply to the complaint within the fixed period or if his reply does not result in settlement of the dispute, the competent MOHRE of its own motion or at a request of either party shall mediate to settle the dispute amicably.



4) If the complaint is made by the employer, he must submit the complaint directly to the MOHRE to mediate for an amicable settlement of the dispute."



Know the law:

"Punishment by detention for a period not exceeding six months or by a fine not exceeding Dh5,000 shall apply if slander or abuse is transmitted by telephone, or face to face with the victim and in the presence of a third party."

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, 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.