Employer

“Can my employer deny me paid time off while recovering from an accident at work?”

I was injured at work after a cupboard fell on my foot and broke my bones. My job requires me to spend a lot of time standing and walking.

My doctor advised me to avoid standing and walking for a week. However, my employer is not very understanding.

Although they allowed me to take more time off, I will not be paid for this time off. It doesn’t seem fair since I was at work when the accident happened. Do I have rights? TH, Dubai

All employers have a responsibility to ensure a safe workplace and, like in a home, that shelves and cupboards are secure.

The employer’s obligation is covered by article (37) of the new labor law, entitled “Compensation for accidents at work and occupational diseases”.

“If the worker is the victim of an accident at work or an occupational disease, the employer must: a. To bear the cost of treatment of the worker until he recovers and is able to return to work or prove his disability, in accordance with the conditions, rules and procedures specified by the implementing regulations hereof”, specify the law.

“If the accident at work or occupational disease prevents the worker from performing his work, the employer pays the worker an equivalent sum [to] his full salary for the full period of treatment or for six months, whichever is less,” he adds.

“If the treatment period exceeds six months, the worker will be paid half pay for another six months, or until the worker is cured or proven disabled or dead, whichever comes first.”

Any treatment required by TH must be covered by their medical insurance. If this is not the case, the employer must pay the additional costs.

She also has the right to be paid in full for any work stoppage related to her injury for a maximum of six months. This must be supported by a medical certificate.

I suggest that TH show this article to his employer so that he is clear on the provisions of the UAE Labor Law, which now applies in full to all employers in the Emirates, except companies operating in the Dubai International Financial Center and the Abu Dhabi World Market Free Zones.

If the employer still fails to meet his obligations, TH can lodge a complaint against him with the Ministry of Human Resources and Emiratisation, either by calling the toll-free number 800 60 or via the chat function on the site.

I hold a residence visa for the United Arab Emirates, which is due to expire on July 1 this year, and I have been outside the United Arab Emirates for more than six months. However, the federal government portal indicates that the permit is still valid.

Can I enter the UAE with my Emirates ID without any problems? AB, Rwanda

If someone is out of the country for a period of 180 days, their visa will usually become invalid but it is not automatically cancelled. Their Emirates ID is linked to their visa, so the same may apply.

If AB left the UAE because he was no longer employed, his former employer should have canceled his visa. He will have to contact his former employer and ask him to cancel his visa.

However, it is curious that this was not done when he left the UAE, as it is also in the interest of the employer to complete this process.

It can be difficult to process a visa cancellation if an employee is not in the country, although it is possible for the employer to do so if someone has been out of the country for 180 days or more.

If someone has run away, the employer will normally report it, then apply for a one-year ban and cancel the visa in due course.

AB did not explain the circumstances of his departure. However, it is unwise to try to re-enter the UAE in such a situation.

To ensure that he does not face a ban and to seek advice on his particular situation, he should contact the immigration department of the relevant emirate to see what is registered in the system.

If AB tries to enter the UAE and is flagged in the immigration system, he will be detained and may, in the best case scenario, be delayed or even refused.

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: May 16, 2022, 04:00

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