It is important that employees in the UAE know their rights. Here are five things we learnt from Ask the Law this month.
1. Sick pay entitlement
According to Article 83 of the UAE Labour Law, a worker shall not be entitled to any paid sick leave during the probation period.
However, once an employee has completed their probation and at least three months of continuous service, they are entitled to sick leave not exceeding 90 days - continuous or otherwise - for every year of service.
Sick-leave is calculated as follows: The first 15 days with full pay; the next 30 days with half day’s pay and any subsequent periods without pay.
2. Employment terminated during pregnancy
If a woman is terminated from her employment on the grounds that she is pregnant then she is entitled to make a complaint to the Ministry of Labour. Unless the termination of employment was a mutual agreement, a pregnant woman will be entitled to end-of-service gratuity pay and potentially compensation from the employer for breaking a two-year limited contract.
3. Unpaid debts
If you return to the UAE with a police complaint filed against you by your bank for unpaid debt, then you will be arrested at the airport and asked to give a statement to the police. You can ask the police for bail and leave your passport with them while settle outstanding dues.
Accordingly, the debtor will be directed to approach the Public Prosecution to settle the matter or refer the case to a competent court in case of non-settlement.
4. Correct disciplinary penalties
As per Article 102 of the UAE Labour Law, the disciplinary penalties that an employer can impose on employees are as follows:
A warning, fine, suspension from work with reduced pay for a period not exceeding 10 days, forfeiture or deferment of a periodic increment, in establishments having an increment scheme, forfeiture or promotion, in establishments having a promotion scheme, dismissal without prejudice to severance pay, dismissal with forfeiture of severance pay (this penalty may only be imposed on the grounds specified in Article 120 of this law).
5. When can an employer terminate an employee’s contract?
An employer may only terminate the contract of an employee for reasons outlined in Article 120 of the UAE Labour Law.
Article 120 says
The employer may dismiss the worker without prior notice in any of the following cases:
a - Should the worker assume false identity or nationality, or submits false certificates or documents.
b - Should the worker be appointed under probation, and the dismissal occur during or at the end of the probation period.
c - Should the worker commit an error resulting in colossal material losses to the employer, provided that the Labour Department is notified of the incident within 48 hours of the knowledge of the occurrence thereof.
d - Should the worker violate the instructions related to the safety at work or in the work place, provided that such instructions be written and posted in a prominent location, and that he is notified thereof should he be illiterate.
e - Should the worker fail to perform his main duties in accordance with the employment contract, and fail to remedy such failure despite a written investigation on the matter and a warning that he will be dismissed in case of recidivism.
f - Should he divulge any of the secret of the establishment where he works.
g - Should he be convicted in a final manner by the competent court in a crime of honour, honesty or public ethics.
h - Should he be found in a state of drunkenness or under the influence of a narcotic during work hours.
i - Should he assault during the work the employer, responsible manager or co-worker.
j - Should he be absent without valid cause for more than twenty non-consecutive days in one year, or for more than seven consecutive days.
Original questions compiled by Bassam Za’Za, Gulf News Legal and Court Correspondent, and answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
Ministry of Labour call centre For any Labour issues, call 800 665
Gulf News is not responsible for any amendments made to the UAE Labour Law. All labour disputes must go through the Ministry of Labour.