Question
My wife was issued health insurance with maternity by her previous company in Abu Dhabi, but during her probationary period she got pregnant. She requested an insurance upgrade if possible and we offered to shoulder the difference if needed. Her company verbally agreed and took her card to cancel and issue an upgrade, but then she got a termination letter a few days after the card’s cancellation with no notice period.
The continuity of her insurance is now invalid and at her new company the insurance requires a six month waiting period. Can her previous company be held liable?
Answer
Nothing can be done because the previous company did nothing wrong. They terminated her services while she was on probation, therefore everything related to her work was cancelled. During probation both parties have the right to terminate without liability. Even outside probation the company has the right to cancel the insurance in the event of termination.
According to the new Health Insurance Law for Dubai (Insurance Law No.11), Under the Essential Benefits Plan (EBP) there is six months waiting period for preexisting conditions, covered subject to policy terms and conditions.
The DMCC health insurance solution offers nil waiting periods for preexisting conditions, subject to continuity of coverage for the Secure Bronze plan; otherwise a 180 day waiting period applies to preexisting conditions. However should a member not have continuity of coverage, the Select plans offer a nil waiting period for preexisting conditions. Please note preexisting conditions are covered subject to policy terms, conditions and general exclusions. So, you can go to any insurance company and ask for the solution for this preexisting period which is already existed according to the above mentioned.
Question
I was working in a company for more than two years, but three months ago I resigned because I did not receive my salary for 10 months. I asked for my salary, but my company said I could only ask within six months according to the UAE Labour Law. I also didn’t take my annual leave for two years. Am I entitled to that leave and how long does it take for complaint resolution at the Labour Ministry?
Answer
Article No.6 (Amended) of the Federal Labour Law No. 8 of 1980 says: “Without prejudice to the provisions concerning collective labour disputes stated in this law, if the employer or the worker or any beneficiary thereof raised a claim concerning any of the rights accruing to any of them according to the provisions of this law, he shall submit a request thereof to the concerned Labour Department. This department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably. If the amicable settlement is not reached, the said department must within two weeks from date of submitting request, submit the dispute to the concerned court. The submission must be accompanied with a note including a summary of the dispute, the arguments of the two parties and the observation of the department. The court shall, within three days from the date of receiving the request, fix a sitting to consider the claim and the two parties shall be notified thereof. The court may summon a representative of the Labour Department to explain the note submitted by it. In all cases no claim of any entitlement due under the provisions of this law, shall be heard if brought to court after the lapse of one year from the date on which such entitlement become due, and no claim shall be admitted if the procedure stated in this article are not adhered to.”
As per the above-mentioned article you are therefore entitled to end of service in addition to pending salary. File a complaint to the Ministry of Labour and to refer the complaint to the competent court in case no settlement is reached. You are also entitled to ask for two years pending leave as per the UAE Labour Law.
