Ask Gulf News: Can I terminate an employee who gets injured at work?

Question: One of my employees suffered an injury one month ago while working. What are my liabilities towards him? Do I have the right to terminate him as he is unable to work since the time of injury and this is affecting my job?

Answer: According to Article 37 of the Federal Labor Law, the employer shall, in case the worker has a work injury or an occupational disease:

a. Bear the expenses of the worker’s treatment until he recovers and is able to return to work or proves his disability, in accordance with the conditions, rules and procedures specified by the implementing regulation hereof.

b. If the work injury or occupational disease prevents the worker from performing his work, the employer shall pay to the worker an amount equivalent of his full wage throughout the treatment period or for six months, whichever is less.

If the treatment period exceeds six months, the worker shall obtain half wage for another six months, or until the worker is cured or his disability or death is proven, whichever is earlier.

You have the right to terminate him in case he becomes fully disabled provided that full permanent inability should be proved by a medical certificate from the competent entity, according to article 42, which mentions that “the employment contract is terminated in any of the following cases: The worker’s death or full permanent inability to work, as proven by a certificate issued by the medical entity”.

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