I work in a company in Dubai and completed my six-month probation period a month ago. I recently fell ill and availed of sick leave, but the company rejected my request for sick leave pay because according to my manager I have not completed a year in service. What does the UAE labour law say in this matter?
Article No 83 of Federal Law No 8 of 1980 states the following: The worker shall not be entitled to any paid sick leave during the probation period.
After the probation period, if the worker has completed more than three months in the continuous service of the employer and falls ill, he shall be entitled to sick leave not exceeding 90 days whether continuous or otherwise, in respect of every year of service. Such leave shall be 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.
Pregnancy termination
I am seven months pregnant. The company in Dubai where I have worked for three years has terminated my services without even giving me a month’s notice. The reason cited is that I’m going to avail of maternity leave for a second time. I cannot join a new company till my delivery. Can I ask the labour ministry or court to force my employer to retain me as an employee till I deliver my baby? My labour contract is for a limited period.
As per the UAE labour law, the employee has no right to ask the court to reinstate her. The employer is also not obliged to reinstate the questioner. However, the questioner is entitled to file a complaint before the Ministry of Labour in the event of failure to reach an amicable solution with the employer. She can claim end-of-service gratuity plus compensation for breaking the limited contract. The questioner may also ask the ministry to refer her complaint to court in case no amicable solution is reached.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
