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When Employer Can Dismiss/Terminate Sickness Workers?

Employer can only dismiss worker with sicknesses in the situations/causes stated below:

- If he has not passed probation period … article (37);

- If medical tests proved that his disease has been resulted from his misbehavior, e.g. taking drugs or being alcoholics;

- If he used his all sick leave in full, which is (90) days per year of service, and there is no positive result that he can be healed, in this case worker shall receive his benefits as per provisions of the law …article (85) and will be dismissed;

- If the worker resigned from the service due to the disease complaining before the end of the first (45) days from the sick leave and the governmental doctor, or the doctor whom is assigned by the employer agreed on the reason of the resignation, in this case , the employer shall settle the remaining pay from (45) days … Article (86);

- If the worker worked during his sick leave with another employer, article (88), in this case, he will be deprived from getting his pay for the period of his sick leave;

- If the worker committed one of the contraventions provided for in the article (120).

- Note: the above reason are the general and mostly used reasons in terminating/dismissing worker with a serious sickness, however, for every rules and policy there are some consideration and exemption that we cannot able to explain unless we speak with worker.

Sources: UAE Law and Mena Business Service
Need to clarify more, please post your queries and comments to get answers...

Tnx for reading
KSM
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