The UAE has made significant strides in protecting employee rights, particularly regarding workplace harassment. This blog post addresses the critical issue of bullying and sexual harassment under UAE Labour Law, outlining the legal framework and potential consequences for perpetrators.
What Constitutes Bullying and Sexual Harassment in the UAE Workplace?
UAE Labour Law takes a firm stance against all forms of workplace harassment, including:
Sexual Harassment: This encompasses any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It can include 1 inappropriate touching, sexual jokes or comments, displaying offensive sexual material, and unwanted advances.
Verbal Abuse: Insults, threats, shouting, and offensive language.
Physical Abuse: Any form of physical assault or intimidation.
Psychological Abuse: Humiliation, intimidation, isolation, and persistent criticism.
Bullying: This refers to repeated and unreasonable behavior directed towards an employee or a group of employees that creates a hostile work environment. Bullying can manifest in various ways, including:
Who is Protected Under UAE Labour Law?
The protections against bullying and sexual harassment apply to all employees in the UAE, regardless of their nationality, gender, or position within the company. This protection extends to harassment by:
Employers
Supervisors
Colleagues
Individuals working with or for the company (e.g., clients, contractors)
Penalties for Bullying and Sexual Harassment:
The UAE Labour Law imposes penalties for those found guilty of bullying or sexual harassment in the workplace. The current penalty is a fine ranging from AED 5,000 to AED 10,000. It's important to note that this is a legal penalty, and companies may also have their own internal disciplinary procedures that could result in further action, including termination of employment.
What to Do If You Experience or Witness Harassment:
If you are experiencing or witness bullying or sexual harassment in your workplace in the UAE, it's crucial to take action:
Document Everything: Keep detailed records of every incident, including dates, times, locations, and the names of those involved.
Report the Incident: Report the harassment to your supervisor, HR department, or another designated company representative. Many companies have internal grievance procedures in place.
Seek Legal Advice: If your company does not take appropriate action or if the harassment is severe, consider consulting with a lawyer specializing in UAE Labour Law.
File a Complaint with the Ministry of Human Resources and Emiratisation (MOHRE): You can file a formal complaint with MOHRE, the governing body for labor relations in the UAE.
Prevention and Company Responsibility:
Companies in the UAE have a responsibility to create a safe and respectful work environment free from harassment. This includes:
Implementing Clear Policies: Companies should have clear and comprehensive policies against bullying and sexual harassment.
Providing Training: Regular training should be provided to all employees on recognizing, preventing, and reporting harassment.
Promptly Addressing Complaints: Companies must take all complaints of harassment seriously and investigate them thoroughly.
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Understand your rights regarding workplace bullying and sexual harassment under UAE Labour Law. Learn about penalties, reporting procedures, and company responsibilities.
Disclaimer: This blog post is intended for informational purposes only and should not be considered legal advice. For personalized legal guidance tailored to your specific situation, please consult a qualified lawyer in the UAE.