Who should pay for the COVID-19 test if your employer asks you to take it?
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A Gulf News reader raised the question when his company asked employees to take a mandatory COVID-19 test.
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The reader said that his HR company company had not confirmed that they would pay for the test.
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What does the UAE Labour Law say about this?
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Gulf News raised the issue with Dubai-based lawyer Suneer Kumar.
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Is there an express provision for compulsory COVID-19 screening in the UAE Labour Law?
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There is no express and mandatory provision in Federal Law No. 8 of 1980 which stipulates that the employer shall be liable for the cost of compulsory testing or screening.
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According to the law, the employer is liable for periodic testing and examination for occupational diseases.
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The employer should provide medical care based on the standards laid down by MOHRE and Ministry of Health and Prevention (MOHAP).
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The UAE's government departments and authorities have also issued several resolutions and circulars regarding the preventive steps that need to be taken.
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The Federal Federal Law no. 14 of 2014 on communicable diseases - as amended and expanded by Cabinet Resolution no. 33/2016 - are made applicable to COVID-19 related matters.
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According to the law, any individual intentionally behaving in a way that is dangerous to public health and safety will be penalised.
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Failure to comply with indicated measures for containment will also land the violator in trouble.
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Anyone refusing to undergo a test upon demand will be fined Dh5,000.
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Individuals as well as companies should recognise their responsibility in curbing the spread of the virus.
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If there is a mandatory COVID-19 test for public health and safety at your company, it is advisable to check your HR guidelines in advance.
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There is no special provision in place which specifies who is liable to pay for such a test.
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Employers can insist on having each employee tested for workplace safety.
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This can be especially important if the employee has a high likelihood of having the virus.
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According to Kumar, it is the employer's discretion whether to pay the full amount of the test or part of it.
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Find out what your company's policy is beforehand.
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When should the employer pay for such a test?
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There are several free tests also being offered by UAE health authorities, which employees should consider.
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