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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi, can a hospital deduct salary, or terminate a...
Hi, can a hospital deduct salary, or terminate a staff for not having a flu shot.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
In Abu Dhabi
Lawyer's Assistant: Has anything been filed or reported?
We have an email that a three day salary deduction for fist offense. And if still then termination
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
They will ask the staff to go to the clinic to get that letter exemption. But if not given then you should get that flu shot
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Kindly, could you clarify your question in details so we could help you legally better with pleasure.
الرد من العميل
I’m working in a government hospital in Abu Dhabi, we have a memo that mandates every staff should receive a flu vaccine, but if a staff doesn’t want it he/she should go to occupational Health clinic to get that exemption letter (to prove that or for whatever reason), but most likely no one will get that exemption because its not easy to reason out that you don’t want it, like in my case I had flu after receiving that vaccine many years ago hence I find that vaccine ineffective, otherwise a staff will have salary deductions on the first month, then finally termination if staff refuses at all within the grace period
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Thank you for clarification. You shall know that the labor law and the contract of employment is the organizer of the relationship between the worker and the employer, so it is not the terms of the contract of employment to receive the vaccine or not as long as the migrant worker is free from any diseases that prevent access to residence or even termination due to illness
Thus, the refusal of the worker to take the vaccine and if a memorandum of understanding has been signed in this regard, therefore, if the employer terminates the work because he refuse to take the vaccine. It is considered an arbitrary dismal as long as the contract of employment is not stipulated and the employer shall pay compensation to the worker or employee
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
In addition to the monthly salary owed to you with canceling the visa by the sponsor for the purposes of transfer the sponsorship
Thus, the refusal of the worker to take the vaccine and if a memorandum of understanding has been signed in this regard, therefore, if the employer terminates the work because he refuse to take the vaccine. It is considered an arbitrary dismal as long as the contract of employment is not stipulated and the employer shall pay compensation to the worker or employee
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
In addition to the monthly salary owed to you with canceling the visa by the sponsor for the purposes of transfer the sponsorship
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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