What constitutes breach of duty?
Question 1: My company terminated my labour contract two weeks ago. The employer mentioned in my termination letter that the reason for my termination is due to breach of duties. Does the UAE Labour Law give the employer the right to take such action without any inquiry?
Answer 1: UAE Federal Law No. 8 of 1980, as amended, (Labour Law) provides clear provisions for employers to take disciplinary action against their employees. This is covered in detail in Chapter 6 of the UAE Labour Law from Article No. 102 to Article No. 112.
There are certain cases where an employer may fine or even dismiss an employee for misconduct and breach of duties, and it is important for all employees to understand the circumstances when these penalties can be imposed.
According to Article 102 of the UAE Labour Law, there are seven disciplinary rules that an employee should be aware of, However, Article 102 of the Labour Law states that disciplinary rules may be imposed by the employer or their representative through the following ways:
- Suspension from work with reduced pay for a period not exceeding 10 days
- Forfeiture of deferment of periodic increment in establishments where such increments system is applied
- Forfeiture or deferment of promotion in establishments where promotion system is applied
- Dismissal from service but reserving right to end-of-service benefits
- Dismissal from service together with forfeiture of all or part of the benefits, provided that penalties shall not be imposed for reasons other than those specifically prescribed in Article (120) of this law.
Question 2: I have been working in a factory since two years. One month ago, I met with an employment-related accident and as a result, I was admitted in a private hospital for treatment. I have been advised by a specialist doctor to follow up the treatment for six months. Therefore, I asked my company for support and to pay the full expenses of treatment. The entire treatment will cost around Dh200,000. As per UAE Labour Law, what is my right in this regard?
Answer 2: As per Article 144 of Federal Law No (8) of 1980, “Where a worker sustains an employment accident or an occupational disease, the employer shall pay for the cost of his treatment in a local government or public medical centre until he recovers. Treatment shall include residence in a hospital or sanatorium, surgical operations, expenditure on X-rays and medical analysis, the purchase of medicines and rehabilitation equipment and the supply of artificial limbs and other prosthetic appliances for any person who is declared disabled. In addition, the employer shall pay the cost of any transport undertaken for treatment of the worker.”