أسئلة وأجوبة
Terminating an employee after sick leave and claiming compensation
Hello,
My employer fired me under Article 44 for not showing up for work for 7 days in a row. But that’s not the case at all. I was sick and the management was aware and they let me go.
I went to another country to get treatment because it’s expensive in Dubai. My employer did not pay me my salary for the month I worked and fired me.
I have official sick leave from another country and there is correspondence where my employer sent me to another country for treatment.
The problem is that the employer says that he will take compensation for the training that was specified in the contract, but I did not undergo training at all; I immediately started work from the first day of work and there was no training.
Does my employer have the right to charge me such a fee and not pay my salary?
Dear questioner,
You can file a complaint with MOHRE for pending salaries because you have the right to receive them.
Additionally, if you can provide statements indicating that you did not receive any training during the joining period, the authorities will consider it.
If you need further clarification, please share your WhatsApp number.
Dear Questioner,
Article 44 of the UAE's Federal Labor Law stipulates that an employer may terminate an employee's contract without notice if the worker is absent without a legitimate reason or excuse accepted by the employer for more than twenty intermittent days during one year, or more than seven consecutive days.
But in your situation, you can prove the illness and treatment through any documents you have and file a complaint with the Ministry of Human Resources and Emiratisation to claim your entitlements and salary because he dismissed you arbitrarily and that you were in a period of illness, but it must be proven.
Dear Questioner,
You can file a complaint and claim your back wages, unfair dismissal allowance, and other labor rights.
For further inquiries about your topic, you can reach our office or contact us on WhatsApp.
Or share your WhatsApp number so we can contact you.
Hello,
Regarding your inquiry, you were on an official sick leave and had proper correspondence from your employer too, which means the employer doesn't have a right to terminate you on that ground.
Additionally, if you can prove that you were not trained as per the employment contract, the employer cannot charge you for the same.
Therefore, it is advised for you to contact MOHRE directly and communicate with them if you have enough evidence regarding the correspondence where your employer sent you to another country for treatment and also to prove that you were not trained as mentioned in the contract.
If you have more queries on this, you may kindly contact us.
Thank you!
Hi,
If you have written proof that you informed the employer about your sickness and he gave you permission to travel and get treated from outside the country, you can file a complaint in MOHRE.
Regarding training, you should check the terms of the contract and if there is no training given, you can challenge that too.
Dear Questioner,
Immediately file a labor case for termination during sick leave and dispute the training cost since they terminated you; therefore, you cannot claim it.
Call the labor helpline and register your complaint. But you must be here to register your case with the court.
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, according to UAE labor law, an employer cannot terminate an employee for being absent from work due to illness or injury, as long as the employee provides a valid medical certificate.
In your case, it seems that you have a valid medical certificate from another country and your employer was aware of your illness and treatment.
Regarding the training fee, if it was specified in your contract and you did not undergo any training, then your employer does not have the right to charge you for it.
You can provide evidence that you did not undergo any training and challenge this fee.
In addition, your employer is obligated to pay your salary for the month you worked, regardless of the reason for termination.
If your employer refuses to pay your salary, you can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE) or seek legal assistance to recover your unpaid salary.
It is important to note that labor disputes in the UAE are governed by the labor courts and it is advisable to seek legal advice from us as a lawyer who specializes in labor law to protect your rights and interests.
Please feel free to contact us via phone or email.
Greetings,
Hello,
As per your query, please note that the termination is not valid under Article 44, if the reason you stated is validated by evidence.
Please email us your case with the labor contract, and please complain to MOHRE.
Kindly contact us via phone or email.
