Sexual harassment has serious consequences for both individuals and society as a whole.

It arises from various factors, including moral decline and behavioral deviance, and is considered a crime under the laws governing most countries, including the United Arab Emirates.

Thus, the UAE legislator has addressed this crime from multiple perspectives, aiming to protect both the individual rights of the victim and the public interest from both criminal and civil standpoints.

Legal Definition and Framework

According to Article 413 of Federal Decree-Law No. 21 of 2021 on Issuing the Penal Code, as amended by Federal Decree-Law No. 36 of 2022, sexual harassment is defined as

“Any persistent behavior intended to annoy the victim through repeated actions, words, or signs that would offend their modesty with the aim of inducing them to respond to their own or others’ sexual desires.”

 

Both the Penal Code and the Labor Law in the UAE regulate the framework for addressing sexual harassment.

Article 413 of the Penal Code specifies that the penalty for sexual harassment shall not be less than one year of imprisonment and a fine of not less than AED 10,000, or either of these penalties.

The punishment increases to imprisonment for not less than two years and a fine of not less than AED 50,000, or either penalty in the following cases

  1. Multiple perpetrators.
  2. The perpetrator was carrying a weapon.
  3. The victim is a child under the age of eighteen.
  4. The perpetrator is a relative of the victim, a person responsible for their upbringing or care, or someone who has authority over them, or a servant of any of these individuals.

The Public Prosecution is responsible for initiating criminal proceedings based on a criminal complaint filed by the victim against the perpetrator.

The case will be investigated by the appropriate investigative authorities before being referred to the court to determine the suitable punishment for the perpetrator.

The victim can also seek temporary civil compensation by filing a civil claim with the Public Prosecution or the competent court

 

Rights Under Labor Law

Moreover, the UAE Labor Law provides general rights to workers and specifically ensures their right to work in a safe environment free from harassment. Article 14, Paragraph 2 of Federal Decree-Law No. 33 of 2021 on Labor Law states:

  • ” Sexual harassment, bullying, or any verbal, physical or psychological violence against the Worker by the Worker’s Employer, superiors, colleagues or those working with him, shall be prohibited.”

 

Moreover, the UAE Labor Law provides general rights to workers and specifically ensures their right to work in a safe environment free from harassment. Article 14, Paragraph 2 of Federal Decree-Law No. 33 of 2021 on Labor Law states:

Legal Procedures for Seeking Compensation

Following the legal framework and guarantees provided by UAE legislation, victims have the right to seek material compensation from the perpetrator by filing a civil claim before the civil courts, after a final criminal conviction is issued by the criminal court. According to Article 282 of the UAE Civil Transactions Law:

“Any harm done to another makes the perpetrator, even if not of legal capacity, liable to compensate for the harm.”

The liability for compensation here is based on the criminal judgment issued, which serves as a factual determination, provided that the elements of liability are present namely, the fault element (the act of harassment), the harm element (psychological, physical, and financial damages resulting from the harassment), and the causal relationship.

Steps to Take Legal Action

If you decide to take legal action, you can follow these steps:

  1. File a Report: Submit a report to the nearest police station.
  2. Investigation: The perpetrator carrying a weapon.
  3. Criminal Court: The case may be referred to the Public Prosecution for investigation.

For Workplace Harassment steps:

  1. HR Complaint: File a complaint with your company’s Human Resources department.
  2. Ministry Complaint: If unresolved, file a complaint with the Ministry of Human Resources and Emiratization.
  3. Labor Court: The matter may then be referred to the labor court.

Conclusion

If you find yourself a victim of sexual harassment, remember:

  1. Document all incidents meticulously
  2. Seek support from trusted individuals
  3. Know your rights under UAE law
  4. Consider professional legal guidance

At Aws Legal Group, we specialize in handling sensitive cases like sexual harassment with the utmost discretion and professionalism. Our team of experienced lawyers is well-versed in UAE labor and criminal law, and we are committed to protecting your rights and interests.

We can assist you by:

  • Providing confidential legal consultation.
  • Guiding you through the complaint filing process.
  • Representing you in civil compensation claims.
  • Advising on workplace rights and protections.
  • Offering support throughout any criminal proceedings.

If you’ve experienced sexual harassment or need guidance on your legal rights, don’t hesitate to contact Aws Legal Group. We’re here to support you every step of the way, ensuring your rights are protected.