I am an owner of a maintenance company in Dubai. A month ago, one of the employees of the company was injured while working on a machine at a work site. The company immediately shifted him to a hospital for treatment. According to the medical report, the employee became disabled due to injury he suffered at the work site. The report also mentioned that the employee was under the influence of alcohol at the time of the accident. Now the worker’s family is demanding compensation, otherwise they will file a case against the company. Do the company has to pay him compensation for work injury despite the fact that he was under the influence of alcohol while working?

Article 153 of Federal Law No 8 of 1980 says: “An injured worker shall not be entitled to compensation in case of an injury or disability not resulting is his death, if the inquiries held by the competent authorities establish that he wilfully brought about his own injury with the intention of committing suicide or obtaining compensation or sick leave or for any other reason or if, at the time of the occurrence, he was under the influence of a narcotic drug or alcohol or if he intentionally violated the safety instruction posted up in conspicuous position in the workplace or if his injury or disability was the result of gross and deliberate misconduct of his part or if he refused without serious cause to submit to a medical examination or undergo the treatment ordered by the medical board constituted in accordance with the Article 148”.

The employer shall not be required in such circumstances to provide treatment for the worker or to pay him any cash allowance.

Company-provided residence

I worked in a company for three years on an unlimited period contract. A month ago, I finished my notice period after submitting my resignation. I handed over everything that belongs to the company except the apartment for which my company had been paying the rent as per my labour contract. Now I have an issue with the company regarding my end of service benefits and I might go to the Ministry of Human Resources and Emiratisation to claim them. My employer is asking me to vacate the flat as per the UAE labour law after completion of my one-month notice period. My question is how can I and my family leave the flat, I am jobless and without any money. Please inform me am I obliged to leave the flat immediately as asked by my employer.

Article No. 131 of Federal Law No. (8) of 1980 (repeated paragraph 2-3-4-5-6 mention the following):

2. In case where the employers provide accommodation to the worker, the worker shall be obliged to vacate the premises within 30 days from days from the date of termination of his service.

3. The worker should not delay vacating the premises for any reason, provided that the employer pays the worker the following;

A. severance pay and any other entitlements the employer is obliged to pay in accordance with the labour contract, the establishment regulation, or the law.

4. If the worker disagrees with the amount of the expenses and entitlements referred to above, the Labour Department concerned shall determine, as a matter of urgency, and within a week from its been notified of the same, these expenses and entitlements and shall inform the worker of the same as soon as they are determined.

5. In this case, the counting of the 30 days grace period for the vacating of the premises referred to in paragraph two of this article shall commence from the date of employer deposits of the value of the expenses and entitlements as determined by the Labour Department concerned. If the worker does not vacate the premises within thirty days period mentioned, the labour department with the assistance of the authorities concerned in the emirates shall take the necessary administrative measures for the vacating of the same.

6. The provision of this article shall not deprive the worker of his right to take his case to the court concerned.

Therefore the questioner has the right not to vacate the accommodation unless the employer fulfil his obligation as per above mentioned Article 131 Paragraph No. 5

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