I am a woman living in Dubai. My friend has been named an accused in a criminal case and is presently standing trial in Dubai. The court might sentence to one-year imprisonment as per the prosecution’s demand.

My friend has a baby who is not even two months old. There is no one to care for the child apart from the mother. Is the court likely to take a humane view of the matter and show leniency to my friend in terms of the sentence it passes? Do we have the right as per the UAE criminal law to request the court to suspend the jail term, or reduce the punishment to just a fine?

If the criminal court imposes the sentence of imprisonment on the questioner’s friend, it will not consider the issue of custody. If the court finds the accused guilty, she will have to serve her prison sentence even if an appeal is made to the court that the accused has a baby who is less than two months old. However, in case of imprisonment, the accused woman may request the court to allow her child to live with her in prison. Such a request might be approved by the court.

Employment accident

I work in a factory based in Dubai. Two months ago, I had an accident at work and was taken to a private hospital for treatment. After spending two months recuperating at the hospital, I have been advised by a specialist to undergo follow-up treatment outside the UAE. The expenses for my treatment outside the UAE work out to around Dh40,000. I approached my company for financial assistance to pay for the treatment abroad as I had the accident in the course of discharging my duties. The company, however, rejected my claim stating that the UAE labour law and the Ministry of Emiratisation and Human Resources rules do not oblige an employer to shoulder the cost of treatment outside the UAE. Is this true? What should my next course of action be?

What the company states is true. The UAE labour law does not oblige the employer to bear the cost of treatment outside the UAE. Article 144 of Federal Law No 8 of 1980 states: “Where a worker sustains an employment accident, or an occupational disease, the employer shall pay for the cost of treatment in a local government, or public medical centre, till he recovers. Treatment shall include 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 to what he supplies, the employer shall pay the cost of any transport entailed by treatment provided for the worker”.

Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.