Fired after work-site accident

  • Published: 22:12 September 26, 2010

SUBJECT
Employment

I worked in a company for more than two years. Two months ago, I had an accident at the site of work because of which I was severely injured and I am still undergoing treatment. The company, where I was employed, terminated me due to the said accident as I was declared unfit for work as stated by the company. Also, I signed a paper, provided to me by the company which stated that the company is not responsible for any accident that may affect the worker and it may terminate the worker’s contract due to an accident he may incur. I asked the company to allow me to have treatment on my account from my leave amount, which I had not used, but the company declined the same. Is the company entitled to do what it has done? Have I waived my right for treatment by signing that letter? Has the company the right to terminate my contract forthwith? Please note that the employment contract does not include such condition.

Article No 124 of the Federal Labour Law No 8 of 1980 states the following: “An employer may not terminate the service of a worker for lack of medical fitness before the worker exhausts all the periods of leave legally due to him. Any agreement to the contrary shall be null and void, even if concluded before this law comes into effect.” Therefore, based on the above points, I would advise the questioner to file a labour complaint against the company claiming his right against the arbitrary dismissal together with an appropriate compensation for the accident which he had during work. Based on such complaint, the Ministry of Labour will refer the complaint to the competent court if no amicable settlement has been reached in this regard.

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