Abu Dhabi: Many labourers seek court-appointed lawyers to defend their rights, similar to the system used in criminal cases.
"Most workers in dispute with their employers over unpaid salaries are broke and cannot afford to pay lawyers' fees," argued Danial P.A., an Indian construction worker.
He said those who are charged with criminal offences may be entitled to a court-appointed lawyer.
"However, poor and low-paid workers find it difficult to prosecute or defend a case due to high costs. They may end up accepting unfair offers from the employers or even being denied their basic rights."
The demand followed directives by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice- President and Prime Minister of the UAE, and Ruler of Dubai, to set up labour courts, among other measures to protect rights of expatriate workers.
The Dubai Courts Department has announced the setting up of a specialised labour court that will handle labour disputes.
M. Kumar, a steel fixer, said while other defendants have the right to speak to an attorney, and to have an attorney present during questioning, poor workers in dispute with their employers are left alone to fight their battles. "A lawyer should be appointed for a worker who is unable to retain one," said Kumar.
Rizwan A.R., a Pakistani worker in a maintenance company, said workers should also be given the right to go straight to the labour court rather than "having to go through the labour department, which sometimes complicates matters for workers".
Mohammad Ebrahim Al Shaiba, a Dubai based legal consulatant, said he has been advocating this right. "These workers should have the opportunity to petition the court to appoint an attorney for them. The worker must then answer questions about his or her income, financial obligations and assets, so that the judge can determine, whether the person has the means to hire an attorney.
"Employers who plead guilty must be ordered to reimburse the court for their attorney as part of their sentences," said Al Shaiba.
However, for many, mention of a court-appointed attorney conjures up images of an over-worked, burned-out attorney, who is likely to present a better-than-nothing representation.
Arif Mirza, head of the legal department at the Labour Ministry, said the present system, which requires that workers in dispute with their employers first complain to the labour department is more appropriate for workers.
