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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
Can an employee get terminated while in sick...
Can an employee get terminated while in sick leave?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
No.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that UAE Labor Law has granted the employer the right to terminate the contract in accordance with article 120 if the worker is absent for seven consecutive days or twenty separate days. The UAE Labor Code also granted the worker the right to a sick leave. If the employer contravenes this, the worker may lodge a complaint at the Ministry of Human Resources and resettlement.
Here is the text of the UAE Labor Law concerning your inquiry:
Article 83
1. A worker shall not be entitled to any paid sick leave during the probationary period.
2. A worker who contracts illness after completing three months, following the probationary period, in the continuous service of an employer shall be entitled to a sick leave not exceeding 90 days, successive or otherwise, in respect of each year of service, to be calculated as follows.
• The first 15 days: with full pay.
• The next 30 days: with half pay.
• Any subsequent periods: without pay.
Article (120)
An employer may dismiss a worker without notice if and only if the worker:
1. Assumes a false identity or nationality or submits forged certificates or documents.
2. Is engaged on probation and is dismissed during or at the end of the probationary period;
3. Commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labor department of the incident within 48 hours of his becoming aware of its occurrence;
4. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
5. Defaults on his basic duties under the contract and fails to redress such default Despite a written interrogation and a warning that he will be dismissed if such default is repeated;
6. Is finally convicted
7. Reveals any confidential information of his employer;
8. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
9. Assaults the employer, the manager in charge or any of his workmates during working hours
10. Absents himself from work without a valid reason for more than 20 no successive days in one single year, or for more than seven successive days.
Here is the text of the UAE Labor Law concerning your inquiry:
Article 83
1. A worker shall not be entitled to any paid sick leave during the probationary period.
2. A worker who contracts illness after completing three months, following the probationary period, in the continuous service of an employer shall be entitled to a sick leave not exceeding 90 days, successive or otherwise, in respect of each year of service, to be calculated as follows.
• The first 15 days: with full pay.
• The next 30 days: with half pay.
• Any subsequent periods: without pay.
Article (120)
An employer may dismiss a worker without notice if and only if the worker:
1. Assumes a false identity or nationality or submits forged certificates or documents.
2. Is engaged on probation and is dismissed during or at the end of the probationary period;
3. Commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labor department of the incident within 48 hours of his becoming aware of its occurrence;
4. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
5. Defaults on his basic duties under the contract and fails to redress such default Despite a written interrogation and a warning that he will be dismissed if such default is repeated;
6. Is finally convicted
7. Reveals any confidential information of his employer;
8. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
9. Assaults the employer, the manager in charge or any of his workmates during working hours
10. Absents himself from work without a valid reason for more than 20 no successive days in one single year, or for more than seven successive days.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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