What could jeopardise your employment
Some actions could result in serious consequences including job loss or even jail time
Dubai Here're the likely labour and employment law issues that may arise during the Uefa Euro 2012. Further, the information below can pertain to essentially any major event — sporting or otherwise — that grips the attention of a large part of the population during traditional working hours.
Absences or false medical certificates
An employee who is absent without a valid reason for seven consecutive days or 21 non-consecutive days can be summarily dismissed without notice (or payment in lieu of notice). In such circumstances, the employee also forfeits his/her statutory entitlement to receive an end-of-service gratuity payment upon termination of employment.
An employee who is absent from work without permission or reasonable excuse is not entitled to be paid a salary for the day of absence. In addition, employers may impose additional fines in accordance with the rates specified in the Federal Labour Law (No.8 of 1980, as amended), which vary depending on how many times the employee repeats the offence.
Employers may also impose fines on employees who report to work late, the amount of which varies depending on the length of delay and how often the employee repeats the offence.
An employee who submits a forged medical certificate can be dismissed summarily without notice, and forfeits his entitlement to the end-of-service gratuity. An employee who pretends to be ill can be fined in accordance with the rates specified in the Federal Labour Law, which vary depending on how many times the employee repeats the offence.
Working hours
Employers are free to organise work time so that employees can follow the matches. As such, there are no grounds for those not interested in sport to bring an action for discrimination on this basis under the Federal Labour Law.
Internet and emails
An employer can filter internet use by blocking, for example, access to certain networking sites. Emails should be monitored only if the employee has given his or her consent.
Otherwise, there are no conditions in the UAE regarding internet filtering and email monitoring. To ensure some employer control, however, most employers would include in their internal policies the right to restrict and/or monitor such use.
Breathalysers and alcohol
The use of breathalysers is not regulated under the Federal Labour Law. However, it is unlikely that administering such a test would be considered acceptable by the authorities without the employee's consent or without a reasonable health and safety reason (for example, the employee operates dangerous machinery).
An employee who reports to work under the influence of alcohol or drugs can be summarily dismissed without notice (or payment in lieu of notice). In such instances, the employee also forfeits his or her statutory entitlement to receive an end-of-service gratuity payment upon termination of employment.
Off-duty misconduct
No disciplinary penalty can be imposed on an employee for any act committed away from the work place, unless it is connected to work, the employer, or the employee's manager.
However, an employer can temporarily suspend an employee without pay if the employee is accused of committing a deliberate offence involving assault on a person or property (which would clearly include acts of hooliganism), or for crimes relating to honour and honesty. The period of suspension runs from the date on which the incident is reported to the UAE authorities until a decision on the case is issued.
If the authorities decide not to prosecute the incident, or if the employee is acquitted of any wrongdoing, he must be reinstated in his job.
If an employee is sentenced for an offence involving honour, honesty, or public morals, he can be summarily dismissed from employment without notice, and forfeits any entitlement to receive the end-of-service gratuity.
It is also worth noting that the UAE has a zero tolerance policy toward public misconduct and drunkenness in a public space. Further, the use of profanity can be a criminal offence under the UAE Penal Code, as can conduct against public morals.
Gambling/office pools in the work place in which money is contributed
Gambling is prohibited in the UAE. Employers should make employees aware that participating in office pools is a disciplinary offence that could lead to termination of employment and/or result in criminal prosecution by the UAE authorities.
— Source: Watching Uefa Euro 2012: A Guide for Employers.
