In the labyrinth of labour laws, the concept of termination of employment for medical reasons in UAE often sparks confusion and concern among both employees and employers.
This article aims to shed light on the intricacies of this subject, helping you navigate the complexities and ensure fair treatment for all parties involved.
Table of Contents
Termination of employment for medical reasons in UAE.
One common question regarding employment termination in the UAE is, “Can an employee be dismissed due to illness?” The answer is nuanced.
Employers cannot legally terminate an employee or serve a notice of termination while the employee is on sick leave. However, if the employee exhausts their full 90-day sick leave and cannot resume work, the employer has the right to terminate their services.
Employee Rights and Benefits.
In the unfortunate event of employment termination due to health reasons, employees must know their rights. Employees who have been dismissed under these circumstances are entitled to end-of-service benefits as stipulated by labour law.
Sick Leave Provisions.
Employees are entitled to a maximum of 90 days of sick leave per year, with certain conditions:
- Sick leave is only applicable after the completion of the probationary period.
- The 90-day sick leave can be continuous or intermittent.
- During the probationary period, an employee may take sick leave without pay, subject to the employer’s approval and based on a medical report confirming the need for the leave.
The salary during the sick leave is paid as follows:
- Full pay for the first 15 days.
- Half pay for the subsequent 30 days.
- No pay for the remaining 45 days.
Exceptions to Sick Leave Provisions.
There are, however, certain exceptions to these rules. Employees are not eligible for paid sick leave in the following situations:
- During the probationary period.
- If the illness directly results from the employee’s misconduct, like alcohol or drug consumption.
- If the employee has violated safety instructions as per UAE legislation and the employer’s regulations, of which the employee was informed.
Employer’s Notification Requirement.
According to Article 31 of the UAE Labour Law, an employee must inform their employer of their sickness within a maximum of three days and provide a medical report issued by a medical entity regarding their condition.
Conditions for Employment Termination.
Employment contracts in the UAE, like most legal agreements, have certain conditions under which they can be terminated. As per Article 42 of the Federal Decree-Law No. 33 of 2021, also known as the ‘UAE Labour Law’, these circumstances include:
- Expiry of the contract term without renewal.
- A mutual written agreement between the employer and employee to end the contract.
- Death of either the employer or employee.
- Worker faces a final court judgement of a freedom-restricting penalty for not less than three months.
- Permanent closure of the establishment in accordance with the legislation in force in the UAE.
- Bankruptcy or insolvency of the employer or any economic or exceptional reasons preventing the continuation of the project.
- Failure of the worker to fulfil the conditions for renewing the work permit for reasons beyond the employer’s control.
FAQs about termination of employment for medical reasons in UAE.
Navigating the complexities of termination of employment for medical reasons in UAE can be daunting for both employers and employees. However, with the right knowledge and guidance, these challenges can be effectively managed. It’s advisable to seek expert legal advice when dealing with such matters.
Contact the office of Younis Mohammed Al Blooshi via Whatsapp. Click here. Or visit us at our address: Sobha Ivory 1 – Al Amal St – Business Bay – Dubai. You can also call us on phone: 00971589984123.
We recommend you read about the Termination in Dubai rules and learn about the Labour Law for Termination of Employment in UAE Dubai 2023. Also, you can Consult the Top 10 Employment Termination Lawyers UAE Dubai.
A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.