FAQ's
Frequently Asked Questions
Generally, as per the UAE Labour Law, the employer cannot terminate an employee without providing a justified reason. But as per the recent Ministerial Resolution 279/2020 dated 26 March 2020 (till it’s valid); establishments affected by such precautionary measures may register details of their surplus non-national workers having permits to work with them before the Virtual Labour Market provided that the establishment remains committed towards their workers in terms of accommodation and payment of all entitlements (except for basic salary) until they leave the UAE or obtain a work permit from another establishment. The employers affected by this need to provide justification if required to the relevant authority. If the correct steps are not followed by the employer as per prevailing laws, the employee may have the right to take legal action for unfair dismissal. Free zone companies are advised to seek further clarifications in this regard from their respective authority as certain free zones for example, the DIFC have their own governing rules and regulations in this regard.
No, an employer is not permitted to compel its employees to take unpaid leave or salary reduction unless it is agreed between the parties in writing. But the employer has the right to request the employee to consume their paid leave allowance during such situation. This feel also help the employee in a way in such situation to be financially stable. This is in line with Article 76 of the UAE Labour Law.
This depends on the mutual understanding between the employer and employee. If the employee is unwell and this is supported by a sick leave certificate issued by the relevant authority, then the employer needs to pay the employee as per Article 83 of the UAE Labour Law.
This depends on the mutual agreement between the employer and employee accordingly.
The relevant health authority covering your jurisdiction needs to be immediately informed; and if not this could potentially be a punishable offence accordingly.
It is the duty of not only a company but also for an individual to report anyone suspected of suffering from a communicable disease. Failure to do so may impose a three years jail sentence or fine of not more than AED 10,000/- to the violators, as per Federal Law No. 14 of 2014 on Combating Communicable Diseases.
To provide a safe environment at the place of work and to report to the relevant authority on an immediate basis of any employees which show any symptom of Covid-19.
Federal Law No. 14 of 2014 on Combating Communicable Diseases states a punishment of up to five years in jail and/or a fine between AED 50,000/- to AED 100,000/- for any person who knows that he or she suffers from a communicable disease and yet intentionally indulges in behavior that exposes others to transmission. In the case of repeated offences, such individuals shall be imprisoned for a period twice that of the five years stipulated by law.
Yes, Ministerial Resolution No. 279/2020 was recently passed in this regard dated 26 March 2020
- Classification
- Quantitative Effect
- Foreseeability
- Contractual Remedies
This needs to accordingly be clarified by contacting the relevant free zone authority as certain free zones have their own rules and regulation implemented to tackle this current scenario.
Salary cannot be reduced without amending the contract upon mutual consent between the parties in written, according to Ministerial Resolution No. 279/2020 dated 26 March 2020.
An employee will be paid in this scenario based on the steps taken by the employer to enable the employees to work remotely at home, unless otherwise to be reflected between the parties in writing accordingly
Yes, a request can be put forth to the landlord by providing sufficient reasons indicating loss of income which would potentially make it difficult to adhere to the agreed payment plan. If there is no mutual agreement between the parties in this; then the aggrieved party can accordingly approach the relevant legal forum for relief.
No, an employer cannot terminate an employee while he/she is on leave as per Article 90 of the UAE Labour Law.
There has recently been an announcement that if your UAE residence visa expired after 1 March 2020; the validity will automatically be extended till end of December 2020
- Impossibility
- Unavoidable
- Unforeseeable
The contractor should give a detailed explanation and evidence in the notice and claims on why it is impossible to carry out all, or certain aspects of its obligation.
No, it all depends on the nature of the clauses in the contract, and applicability of the law will accordingly differ on a case to case basis