Expediting Resolution: New UAE Decree Shifts Domestic Worker Dispute Jurisdiction To Court Of First Instance

The UAE Government has introduced a Federal Decree-Law to amend certain provisions of the Federal Decree-Law Concerning Domestic Workers. These changes aim to enhance the rights of all parties in employment relationships and expedite dispute resolution processes.

The new decree shifts jurisdiction for domestic worker disputes from the Court of Appeal to the Court of First Instance. All pending applications, disputes, and grievances must be transferred to the Court of First Instance without any fees from the date this Law takes effect. This transfer does not apply to cases already sentenced or awaiting sentencing.

If a dispute arises between an employer, a domestic worker, or a recruitment company and cannot be resolved amicably, it must be referred to the Ministry of Human Resources and Emiratisation. The Ministry is tasked with taking appropriate measures to settle disputes amicably according to the procedures outlined in this Law's Executive Regulations and effective decisions.

Should an amicable settlement not be reached within the specified timeframe, the Ministry must refer the dispute to the competent Court of First Instance. This referral includes a memorandum summarising the dispute, both parties' arguments, and the Ministry's recommendations. The Ministry can also resolve disputes if the claim amount does not exceed Dh50,000 or if one party fails to comply with a prior amicable settlement decision issued by the Ministry.

Any party involved in a dispute may file a lawsuit with the competent Court of First Instance within 15 working days of being notified of the Ministry's decision. Filing such a lawsuit will suspend enforcement of the Ministry's decision. The ruling by the Court of First Instance in these cases is final.

The Ministry's decisions in cases involving claims up to Dh50,000 or non-compliance with prior settlements are treated as executive instruments and enforced according to standard procedures.