My husband was working for a company for only three months when he died due to an accident at the workplace. When I went to the company to inquire about compensation they told me that we are not entitled to compensation because he didn’t complete his probation. Is this right?
Article No. 149 of Federal Labour Law No. 8 of 1980 says, “Where a worker dies as a result of a work-related injury or an occupational disease, the members of his family shall be entitled to compensation equal to his basic wage for twenty-four months, provided that the amount of compensation shall neither be less than Dh18,000 nor more than Dh35,000. The amount of compensation shall be calculated on the basis of the last wage received by the worker before his death. The compensation shall be distributed among the deceased worker’s dependents in accordance with the provisions of Schedule 3 attached to this Law. For the purposes of this Article the expression “deceased worker’s family” refers to the following persons who were wholly or substantially dependent for their subsistence on the deceased worker’s income at the time of his death.” Finally, as per the UAE labour law, the employee’s family is entitled to claim for the employment accident compensation even if he did not complete the probation period.
What right does an employer have to take disciplinary action against an employee for misconduct? Does the employer have the right to dismiss an employee without paying end of service benefits?
As per UAE Federal Law No. 8 of 1980, Chapter 6 from Article no. 102 to 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.” Disciplinary rules range from: a warning; a fine; suspension from work with reduced pay for a period not exceeding 10 days; forfeiture or deferment of periodic increment; forfeiture or deferment of promotion; 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 the penalties shall not be imposed for reasons other than those specifically prescribed in Article no. 120 of this law.