In an exclusive interview with Khaleej Times, Al Madani noted that though there are a huge number of labour disputes, there is neither any statistical record nor any data on the nature of those disputes. On an average, the cases filed annually with each of the five labour departments are in the range of 200 to 300. The labour cases ruled upon by the courts pertained to refusal to pay salaries, end of service benefits, tickets and suspensions without notifications among others.

He explained that the court delays occur for various reasons. Partly the labourers themselves are to blame because of their ignorance of court procedures, or the parties involved in the disputes. Besides, documents provided in foreign languages need translations. However, the major blame for the delays should be shouldered by the Ministry of Labour and Social Affairs itself.

“The Ministry of Labour has no coordination with the Dubai courts or an action plan to protect labourers' rights. It also lacks information about the companies' status. In most of the cases the court finds that the companies involved in the dispute have shut down or have no properties or assets,” he said.

He also criticised the Ministry of Labour for not conducting inspections on a regular basis to ensure that the companies are existing and functioning.

“The Ministry of Labour has failed on many occasions to solve labour problems amicably,” Al Madani said, attributing this failure to huge number of cases, which amount to thousands filed at the courts. In his opinion, the large number of pending cases necessitates the establishment of  a special court for labour disputes.

Besides, he pointed out that the labour disputes section at the Ministry of Labour  and Social Affairs does not have legal consultants nor a mechanism for solving the labour disputes amicably within the ministry itself.

He claimed that if the ministry had statistics on the number of cases solved by the ministry and the cases which are referred to the courts, ''then may be they would be able to introduce an efficient mechanism for solving many labour problems”.

He reiterated that there are many collective labour cases that can be solved by the ministry on the spot without the need to refer them to courts.

“The ministry should educate the foreign manpower about labour laws. It should explain to the labourers that they could protect themselves if they are aware of their rights. Currently, the labourers can't find anybody to explain to them the legal procedures. For instance, in case of a dispute, the ministry's officials should explain to the labourers what to do. The court as a neutral institution is involved in giving its ruling on a  dispute between two parties. In other words, it can't advise the labourers what they should do,” he said, adding that the courts should try to help the labourers on humanitarian grounds.

Al Madani said the delays in hearings are caused by the reluctance of the Labour Ministry to provide the court with all necessary documents. “Even the ministry itself does not have important documents such as records on wages  and doesn't know whether the labourers are paid by the sponsors. If the Ministry has all relevant documents this will facilitate the court's work and help expedite the proceedings more effectively.”

“Even when the ministry submits the labourer's files, we find many important documents missing such as labour contracts,” he observed.

“If a labourer wants a copy of his labour contract, the ministry will not give it to him unless he furnishes a permission from the court. I don't understand what is the reason for this rule. For the labourer to get his labour contract, he doesn't need a permission,” he said.

He suggested that the ministry should force companies to pay 50 per cent as a guarantee to safeguard workers' rights, and the employees' salaries should be deposited in banks instead of an appointment of an expert by the court to see whether the companies have paid their workers the salaries.

“Also, in some cases, when the court orders the companies to pay, we find that these establishments are either closed down or the expatriate sponsors had fled the country,” Al Madani said.

He stated that if the employees have no other source of income, the ministry should provide them with the necessary funds, and the ministry should solve the work  problems. Instead of importing labourers from outside, the ministry should allow the UAE unemployed workers to work with the companies, which file applications to the ministry in this regard. The ministry should give employees the opportunity to work on a temporary basis anywhere so as to be able to support themselves until their cases are looked into.

“If an employee whose case is in court, has a job offer from any new company, he should be allowed to work without hassles,” he noted, stressing that the ministry should provide work or financial assistance for labourers at least for six months in case of being sacked. 

He concluded that the Dubai Court tries to help employees to settle their disputes with their companies. “Sometimes labourers are transported by the court to the hearings and if the labourer submits an application to the court to allow him to stay in the labour camp, the court usually orders the company to let him stay in the company camp until the dispute is resolved.”

“In the last few years, we were able to resolve most of the cases within a month especially those involving collective disputes. Labourers are exempted from paying the fees, or we postpone the payment until they receive their dues. The court also gives the labourers the transactions so that the court proceedings can be expedited,” he noted.

Al Madani observed that the introduction of a hotline by Dubai Police to solve labourer's problems and the setting up of a permanent labour affairs committee is a clear indication of the failure of the Labour Ministry in this regard.