Khaleej Times, Mon, Jul 01, 2024 | Dhu al-Hijjah 25, 1445
UAE: Can employees sue their boss for verbal abuse and misconduct?
Emirates:
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."
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."