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
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Tnx for reading
KSM
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