Is it legal to record conversations at workplace?

Dubai - The recordings in an electronic device can be submitted to the relevant government departments.

If an employer has used foul language when addressing employees and we have a recording of it, what legal recourse do we have against the employer? Is it legal for us to have recorded his abuse?
Pursuant to your queries, an employer should not use foul or abusive language with his employees. Electronic voice recording of an individual should not be done without the consent of the person. However, in the case of usage of foul language by the employer, an employee has to first file a complaint with the Ministry of Human Resource and Emiratisation (the 'Ministry').
This is in accordance with Article 136 of the Federal Law No. 8 of 1980 Regulating Employment Relations, stating: "The Employment department shall not in application of the provisions of the Law and the rules and orders issued in implementation thereof, whenever possible, initiate criminal proceedings before giving advice and guidance to employers and employee who commit violations against the law and, when necessary, gives them written warning to rectify their situation so as to be in accordance with the Law, before initiating criminal proceedings."
Upon advice from the Ministry, an employee may approach the police station and file a complaint against the employer. The recordings in an electronic device cannot be made public but can be submitted to the relevant government departments. The voice recording is subject to scrutiny by the forensic laboratory and public prosecution.
Further, the employee may have to provide witnesses, especially from among his or her colleagues who have heard the employer's usage of foul language. However, you may not require a third-party witness for verbal abuses in all circumstances. This is in accordance with Article 374 of the Federal Law No. 3 of 1987 on Issuance of the Penal Code, which states: "Punishment by detention for a period not exceeding six months or by a fine not exceeding Dh5,000 shall apply if slander or abuse is transmitted by telephone, or face to face with the victim and in the presence of a third party.
Punishment by a fine not exceeding Dh5,000 shall be imposed if slander or abuse occurs face to face with the victim alone without the presence of a third party."
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, ?PO Box 11243, Dubai.

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