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If an employee is hospitalized and unconscious, who covers repatriation?

Dear Sir/Madam,

An employee is hospitalized and unconscious for more than a month. His basic medical insurance covers his medical expenses.

Is it the employer's responsibility to pay for their repatriation expenses, or is it the responsibility of the insurance or embassy?

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
21 Mar 2024, 10:08

Dear questioner,

Generally, the employer is only liable to provide compensation or bear the cost if it is an occupational disease or workplace injury.

Otherwise, you can request assistance from the company management and also check with the embassy.

If there is an internal contract or company policy, the company will cover the cost.

If you require further assistance, please share your WhatsApp number.

21 Mar 2024, 10:18

So as per labor law, the employer is not liable to bear these repatriation expenses; even if the employee is unconscious?

21 Mar 2024, 11:34

If there is an internal contract or it is mentioned in the labor contract, then yes, the employer is liable.

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
21 Mar 2024, 10:25

Dear Questioner,

Normally, these charges are paid by the employer, even though there are no such rules mentioned in the labor law.

But sometimes, it will be specified in the employment contract. Now, you try to negotiate with the employer and if he doesn't accept, you may consult with the embassy; they will handle the procedures.

21 Mar 2024, 10:26

If you need further clarification, you may contact us.

21 Mar 2024, 10:29

So as per labor law, the employer is not liable to bear these repatriation expenses; even if the employee is unconscious?

21 Mar 2024, 10:44

According to law, the employer bears the expenses of returning the worker to his recruitment country or any other place that both parties must agree to in the employment contract.

If it's mentioned in the contract, you can avail it.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
21 Mar 2024, 10:33

Dear Questioner,

The employer bears the cost of return in the event of contract termination, in accordance with the conditions stipulated in the Labor Law.

If these conditions are not met, the employee bears the cost alone.

For further inquiries, please contact the Ministry of Labor.

متميز
محمد بخيت للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
21 Mar 2024, 15:19

The employer bears the repatriation expenses for returning to the country.

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
21 Mar 2024, 19:02

The embassy is not responsible. The employer or the insurance company are the ones responsible.

متميز
شمسة البدواوي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
26 Mar 2024, 08:57

According to UAE labor law, it is the responsibility of the employer to cover the repatriation expenses of an employee who is unable to continue working due to a medical condition.

This includes the cost of sending the employee back to their home country for medical treatment or to be with their family.

If the employee has basic medical insurance, the insurance company may cover the medical expenses, but it is still the responsibility of the employer to cover the repatriation expenses.

If the employee is unable to work due to a work-related injury or illness, the employer is also responsible for covering the repatriation expenses.

In cases where the employee is unable to continue working due to a non-work-related injury or illness, the embassy of the employee's home country may provide assistance with repatriation expenses.

However, it is ultimately the responsibility of the employer to ensure that the employee is safely repatriated.

It is important for employers to have comprehensive medical insurance coverage for their employees, including coverage for repatriation expenses, to ensure that their employees are taken care of in case of any medical emergencies.

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