Question:
I’ve worked in a company as a manager for five years on an unlimited contract, but two months ago I was terminated without reason. I have finished my notice and have handed over everything except my villa, which was provided for by the company. Now my company is not paying my end of service benefits and commission. I’ve been asked to vacate after being given one month notice, but how can I leave without getting my rights and do I have to?
Answer:
Article No.131 Federal Law No.8 of 1980, says, ‘In cases where the employer provides accommodation to the employee, the worker is obliged to vacate within 30 days of termination. The employee cannot delay vacating for any reason, provided the employer has paid; severance and other entitlements in accordance with the contract. If the worker disagrees with the amount the labour department will determine, as a matter of urgency within a week of being notified, whether it is the right amount, and the worker will be informed of the same. In this case, counting the 30 day grace period to vacate starts from the date the employer deposits the entitlements determined by the labour department. If the employee doesn’t vacate within 30 days, the department along with authorities can take necessary measures to evict. This doesn’t deprive the employee the right to take their case to court.’
Therefore, to answer the question, you don’t have to vacate until the employer pays you, as per Article 131, Paragraph 5.
Question:
Are employers obliged under UAE law to compensate an employee for a workplace accident if it was discovered the employee was under the influence of drugs? What if it was discovered that the employee also flouted safety instructions?
Answer:
Article No.153 of Federal Law No.8 of 1980 says ‘An injured worker is not entitled to compensation for injury or disability if inquiries by authorities find he willfully brought about his own injury with the intention of committing suicide, obtaining compensation or sick leave, or if at the time of the accident, the employee was under the influence of drugs or alcohol, or if the employee ignored safety instructions, or if the injury was a result of gross and deliberate misconduct on the employee’s part. Compensation is also not entitled if the employee refuses to undergo a medical exam or treatment in accordance with Article 148.’
In the above instances the employer is not required to provide treatment for the employee or pay them cash allowance.
