‘Can I be fired without notice?’
Can a company end a contract without notice? I have been with my employer for three months on a permanent contract but they told me that my job was not necessary and that I had to leave immediately. Can they do this? UT, Sharjah
UT is still in a probationary period and the recent change in the UAE labor laws affects its situation. Before February 2, 2022, an employer did not have to give notice if it terminated an employee on probation. However, this has now changed in accordance with Federal Decree Law No. 33 of 2021.
Article 9, paragraph 1 of the law stipulates: “The employer may terminate the worker’s service during this period after notifying him in writing at least fourteen (14) days before the date set for the termination of service. ”
It seems that many companies are still unaware of the changes in the law, so it is worth bringing them to their attention.
I add that UT is entitled to his wages for all days worked, including the notice period.
We work for a company in Dubai but our employer has not renewed our medical coverage, which expired in April 2021. He says he will when he has time. We said we believed it was required by law to have medical insurance and the employer was responsible for arranging it. However, he claims that it is only recommended. How can we convince him to arrange medical coverage for staff? FM and RC, Dubai
The Dubai Health Insurance Law No. 11 of 2013 came into effect in stages. The deadline for all employers and sponsors in Dubai to have Dubai Health Authority compliant cover in place was December 2016.
Regardless of the size of the company, this is a legal obligation and not the choice of the employer.
An employer’s liability is defined in Section 10 of the Dubai Health Insurance Act. This stipulates: “The employer is required to: 1. Cover its employees with health insurance in accordance with the applicable health insurance policy, provided that it complies with the provisions of this law and the resolutions taken under that law. -this ; 2. Bear the costs of this health insurance coverage rather than having them borne by the beneficiaries; 3. Check that the health insurance of its employees is valid for the duration of their period of work with the employer; 4. To pay for health services and emergency medical treatment costs for any of its employees, if any of them does not have health insurance in accordance with the provisions of this law; 5. Provide its employees with the health insurance card; and 6. Provide the health insurance policy upon issuance or renewal of employee residency thereof.
I am including the full list of requirements so that FM and RC can show it to their employer.
Few insurance companies now issue physical insurance cards, but electronic copies are provided and these are linked to Emirates ID cards.
Not only is it mandatory to ensure that proper medical insurance is in place, but any employer who fails to do so faces a hefty fine. Section 23 of the Dubai Health Insurance Act states that if an employer fails to provide appropriate medical coverage, the DHA can impose penalties ranging from Dh500 to Dh150,000. Persistent offenders can receive additional fines of up to Dh500,000.
I work as a cleaner but my employer does not pay me. I haven’t received my salary for two months and they want me to work seven days a week. The family says the UAE labor law does not apply to me. Are there any laws for housekeepers as I need money to send to my family? CK, Abu Dhabi
There are laws to protect housekeepers in the UAE, in particular Federal Law No. 10 of 2017 on Domestic Workers.
Regarding the payment of salary, article 10 of this law stipulates: “The monthly salary is paid in UAE dirhams within a period not exceeding 10 days from its due date.”
Article 12 of the same law governs working days and hours: “1. The worker is entitled to one day of weekly rest with a total salary[…]He may be employed during his weekly rest day, in which case he is entitled to an alternative rest day or to a monetary allowance; 2. The implementing regulations of this law shall regulate the hours of work and rest of the worker whose daily rest shall not be less than 12 hours per day, including at least eight consecutive hours.
If an employer fails to comply with the law, a case can be brought before the Ministry of Human Resources and Emiratisation.
Keren Bobker is an independent financial advisor and senior partner at Holborn Assets in Dubai, with over 25 years of experience. Contact her at [email protected]. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information purposes only.
Updated: February 20, 2022, 5:06 a.m.