Month: May 2020

injury law in dubai uae

Know Your Rights, If You Are Injured At your Workplace

Injured At your Workplace. What are your rights as employee if your company is in Dubai United Arab Emirates.

The Judicial Law of the United Arab Emirate for the Employer and Employee Relationship decreed the rights and obligation through the Federal Law No. 8 of 1980 wherein it governs the Labour rights of the employees in the Private Sector. It is stipulated in Article 144 of Federal Law No. 8 of 1980 which regulates the liability of the Employer during the course of the Employment, the Employee sustains an accident; contracts an occupational disease or is disabled, the Employer shall pay for the cost of the injured Employees treatment in a local government or public medical center until he recovers.

What does such Treatment Include?

Treatment shall include costs of residence in a hospital or sanatorium, surgical operations, expenditure on X-rays and medical analysis, the purchase of medicines and rehabilitation equipment, and the supply of artificial limbs and other prosthetic appliances for any person who is declared disabled. In addition, the Employer shall pay the cost of any transport entailed by treatment provided for the Employee.

Is An Employee entitled to Full Salary, during this period?

Yes and It is imperative to be aware that Employees are entitled to receive a full salary. The salary can be throughout the treatment period or up to 6 months whichever is shorter and thereafter, half of his salary for another six months or until the Employee completely recovers shall be payable to the Employee. In accordance with Article 145 Federal Law No. 8 of 1980. The Law also states that an Employee is fully protected in the U.A.E. and has the right to get compensation, salary, expense payments, etc. in the case whereof he is discriminated, terminated on wrongful grounds, not paid or if he gets an injury.

Why Lawyers or Legal Consultants are recommended during such events?

A Legal Adviser can be a substantial support to an Employee, Employer, or even a service provider during events that of worst scenarios. A legal adviser will assist both the Employer and Employee in terms of advice, filing lawsuit and representative the employer or employee at all levels of the competent court of laws. It is crucial to seek legal advice prior to taking any legal action against any individual be it employer or employee.  We strongly recommend consulting Al Riyami & Muhyealdeen International Legal Consultants or any other Consultant of choice for taking any legal action, other than this legal knowledge.

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Termination due to Covid-19 Pandemic Effect

Rightful Employment Termination due to Covid-19 Pandemic Effect

Termination due to Covid-19 Pandemic Effect. Rightful Employment Termination guide for business Owners and Management in Dubai UAE Labour & Employment Law.

The spread of the Coronavirus has widely traversed the world wherein it has unveiled the vulnerability of the global economy. This effect has agitating for the businesses as they were vastly affected by the pandemic. During these unprecedented and ambiguous times, the U.A.E. government gets its under way in imposing measures to suppress the outbreak. Thus, the business sectors are determined to respond by preserving its workforce and organization thereby they do not face insolvency.

In reference to the Judicial law of the United Arab Emirate herein stipulated as Section 2 of the U.A.E. Labor Law Federal Law No. (8) OF 1980 wherefore it confers sick leave entitlements and rights for employees, whereby when the same completed his or her probation period and has spent more than three months in continuous service for an employer he or she is entitled to a sick leave. Also, Article 83 of Section 2 of the U.A.E. Labor Law Federal Law No. (8) Of 1980 affirms that the duration of leave should not exceed 90 days of either consecutive or non-consecutive for every year of service. However in respect to Article 82 of Section 2 of the U.A.E. Labor Law Federal Law No. (8) Of 1980, as amended, the employee must notify the employer about his sickness within two days upon taking a sick leave. The employer has the right to put the employee under a medical examination in order to verify the illness, and the authenticity of the employee’s leave.

The Dubai Health Authority has set its policy wherein employees in the private and public sectors are mandated to get a Sick Leave Certificate which will help to avert employers from workday losses. Thus, an employer may not dismiss or serve its employees termination whilst on sick leave. The same applies to the current pervasive situation we are faced with as the COVID 19 cases rapidly increase in numbers. If an employer breaches the contract with the employee without notifying them, the employee then has the right to file a complaint before the Ministry of Labor in the event whereof the employee and employer are unable to reach an amicable solution. An employee can claim compensation from the employer. If the employee uses all of his 90 days’ sick leave and was not able to report to work afterwards, the employer may terminate his services. In such a case, the employee shall be entitled to the end of service gratuity in accordance with the provisions of the U.A.E. Labor Law.

The U.A.E. Labor Law protects the rights of every employee, employer and the businesses in the United Arab Emirates. A person who lives and works in the U.A.E. has wide options to seek help if faced with employment-related matters as there is a comprehensive law, judiciary initiatives, public prosecutor, courts, lawyers, law firms, etc. We strongly recommend consulting Al Riyami & Muhyealdeen International Legal Consultants or any other Consultant of choice for taking any legal action, other than this legal knowledge.

For Free Legal Consultation, Call Us Today!