Is yelling at coworkers considered “harassment” in the workplace?
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A reader wants to know what constitutes harassment in the workplace.
Ask: Can you specify what constitutes “harassment” in the workplace? Is yelling at coworkers considered harassment? What can I do if I want to report it?
Answer: According to your queries, he is supposed to be employed by a mainland company located in the United Arab Emirates. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Labor Relations and Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 on the Regulation of Labor Relations are applicable. Labor Relations.
In the United Arab Emirates, it is the employer’s responsibility to provide a safe and appropriate work environment for an employee. This is in accordance with Article 13(13) of the Employment ActWhat states,
“The Employer shall provide a safe and appropriate work environment.”
Verbally abusing anyone in the workplace or during the course of employment is prohibited. This is in accordance with Article 14 (2) of the Employment LawWhat states,
“It is prohibited to exercise sexual harassment, intimidation or any verbal, physical or mental violence against the employee by his or her employer, manager or colleagues.”
Additionally, an employer may conduct an internal investigation if there has been verbal abuse between employees or if there is an employee complaint related to it. If verbal abuse is determined during an investigation, then an employer must initiate and impose disciplinary sanctions on such employee as mentioned in Article 39 of the Employment Law read with Article 24 of Cabinet Resolution No. 1 of 2022. Disciplinary sanctions against an employee may include written notification (warning), suspension from work, denial of increase, deduction from wages, and termination of employment.
An employer may terminate an employee without notice who has engaged in verbal abuse with other employees following a written investigation. This is in accordance with Article 44 (7) of the Employment Law, What states,
“An employer may dismiss the employee without prior notice, after a written investigation with him and the dismissal decision will be in writing and reasoned, and delivered by the employer, or his representative, to the employee if the employee commits verbal, physical harm or other type. form of assault punishable by the legislation in force in the UAE against the employer, the responsible manager, his supervisor or colleague.”
Based on the above-mentioned legal provisions, if your co-worker verbally abuses or yells at you, you may consider filing a complaint with your employer and request that the co-worker initiate disciplinary action against the co-worker.
However, if your employer verbally abuses you or yells at you, then you may consider filing a complaint against your employer with the Ministry of Human Resources and Emiratization and you may subsequently consider resigning from your employment without notifying your employer. This is in accordance with Article 45(2) of the Employment LawWhat states,
“The employer may leave the job without prior notice and reserve all his rights at the end of the service if the employee is subject to aggression, violence or harassment in the workplace by the employer or his legal representative, provided that the employee reports such act to the competent authorities and to the Ministry within (5) five business days from the date on which it can present its report.”
News Source: Khaleej Times
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