If you think your rights have been violated at the workplace and you think you have a strong enough reason to file a case against your employer then go for it. Find the best labour and employment lawyer who has experience in cases similar to you as the majority of these lawyers are hired by the employers, and few are there who take cases of employees. Following are a few steps you should take before filing a case:
A Direct Coordination
Have a Conversation with your employer. Set a meeting or an email to communicate your concerns with your employer.it might be possible they are unaware of your situation and all things happen with zero intention of violating your rights. First, be professional and polite so that you maintain the decorum of the workplace.
If still, you find out that they are doing all these violations intentionally then take legal action the safeguard your rights. It is seen several times that line managers or department managers create a personal dispute with employees/employees where the owners are not aware of the situation. So it is better to check with senior management or the owners first.
When preparing for the case filing, gather as much information as you can. So that you could present the fact in the court and chances of your winning might get higher with this. The court goes for physical pieces of evidence instead of having any conversation. To make your case strong you have to find physical pieces of evidence for your case.
Go for a formal complaint. First, find out your case lies in which category, and who will be able to guide you properly with your case. Then they will direct you to the local office after that formalities will be started as the beginning of investigations against your employer and if he or she is liable then actions will be taken against them according to the laws. MOHRE takes the LLC complaints while Free-Zone authority takes complaints about Free-Zone companies.
Free Zone Complaint Mediation
Free Zone complaints are also forwarded to MOHRE. Just the initial complaint, is reached in Free Zone. Then it is also referred to as MOHRE. The case is registered over there but the mediation session is conducted inside the free zone. DIFC has its own jurisdiction. DMCC has its own jurisdiction. ADGM ABU DHABI has its own jurisdiction. We just need to understand that just to book the legal services from the law form or the private lawyer, who knows the relevant and concerned law.
Such Lawyers can be called as Free Zone Lawyers which means, they know the Free Zone jurisdiction and the Law. It is only possible when Advocate has gained the relevant experience and studied the relevant Law. Several LLC Advocates are not having the relevant free zone experience. The Free Zone companies and the LLC companies must be having the combined experience.
Interview with your Lawyer
Instead of getting emotional about your case, follow the court proceedings properly. If no violations were found against your employer and you and your employer are not able to go for settlements then it’s totally up to you if you want to continue this case privately. The only possible solution which is left is to interview your employment lawyer and ask them to review your case. Do not create a personal level dispute or attack anyone in your workplace. It will go against you.
When and How to step into Court
For an employee his/her lawyer is the only option. There is a vast option available to hire the Lawyers. As far as Employment Lawyers in Dubai are concerned then again a lot of variety available to hire such Advocates called Labour or Employment Lawyers. Just to make sure that lawyer must be Emirati Lawyer by a good Emirati Law Firm or himself owning an Emirati Law Firm.