Questions & Answers
My employer did not provide me with medical insurance and refused sick leaves. What can I do?
Hello,
I've been working for this company for a little over a year now, and my employer hasn't provided me with medical insurance yet. Since I have chronic asthma, I used to take leaves to rest my body and get better.
I wasn't able to get sick leaves except for two occasions (in which I've paid for one and one has been reimbursed).
Last week I noticed that 1000 was deducted from my salary. I went to talk to my employer and told him that it was unfair because due to not having medical insurance, this was the outcome of the situation.
He told me that I have till March to find another job and made it seem as if he was doing me a favor. I know I have the right to have insurance and he is breaking the law.
What could be done in this case?
Though I've wanted to avoid this route, the unfairness is too much.
Thank you.
Hello,
Under UAE labor law, your employer is legally obligated to provide you with medical insurance if you are working in Dubai or Abu Dhabi.
According to Dubai Health Insurance Law No. 11 of 2013, all employers must provide health insurance coverage to their employees.
Similarly, in Abu Dhabi, employers must ensure that their employees have valid medical insurance under Law No. 23 of 2005.
Failure to provide health insurance is a violation of these laws, and you have the right to file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) or, if applicable, the Dubai Health Authority (DHA) or the Department of Health Abu Dhabi (DOH).
You may also have grounds to claim reimbursement for medical expenses incurred due to your employer’s failure to meet this obligation.
Regarding the salary deduction, UAE Labour Law (Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations) does not allow arbitrary salary deductions unless explicitly authorized by law, your employment contract, or with your consent.
Additionally, forcing you to resign by setting a deadline to find another job may be considered constructive dismissal, which could entitle you to compensation.
If you wish to escalate this matter, you can file a formal complaint with MOHRE against your employer for failing to provide medical insurance, unlawfully deducting your salary, and unfairly pressuring you to resign.
If your case is not resolved amicably, you can take legal action before the Labour Court to claim compensation for any damages suffered.
Dear Questioner,
Thank you for your inquiry.
Based on the details you've provided, here is an outline of your legal rights and options in this situation:
1. Medical Insurance Requirement
Under UAE law, employers are required to provide health insurance for all employees. Since you mentioned that your employer has not provided you with medical insurance, this is a clear violation of the law.
The Dubai Health Authority mandates that all employers in Dubai, and similarly in other Emirates, must provide medical insurance to their employees.
Your employer is obligated to comply with this regulation, and failing to do so could be grounds for filing a formal complaint with the Ministry of Human Resources and Emiratisation (MOHRE).
2. Salary Deduction
As for the deduction of 1000 AED from your salary, employers are not permitted to deduct any amount unless clearly stated in the employment contract or mutually agreed upon by both parties.
Since no such clause exists in your contract, this deduction is likely unlawful. You should formally challenge this deduction with your employer, and if they refuse to rectify the situation, you can escalate the matter to MOHRE for further action.
3. Unfair Treatment and Threat of Termination
It is concerning that your employer has threatened you with dismissal and has created an atmosphere where you feel pressured to leave.
Such actions could be seen as unlawful dismissal under UAE labor law, especially if they are related to your medical condition and your rightful complaints regarding the lack of medical insurance.
You are entitled to your full rights, and your employer cannot terminate your employment without just cause.
Recommended Actions:
File a Complaint with MOHRE: You have the right to lodge a formal complaint with MOHRE regarding both the lack of medical insurance and the unjustified salary deduction.
MOHRE can investigate and take action against your employer if they are found to be in violation of labor laws.
Seek Negotiation: If you wish to avoid legal escalation, you could try negotiating with your employer to correct the situation, specifically regarding the provision of medical insurance and the salary deduction.
Legal Recourse: Should the employer refuse to address these issues, we can assist you in taking legal action to ensure your rights are upheld, including seeking compensation for any wrongful deductions or failure to provide required benefits.
Please let me know how you would like to proceed, and if you need further assistance in addressing this matter.
Best regards,
Mohammed Salah
Legal Consultant
It is better to apply to the Ministry of Labor and innovate by forcing the company to provide insurance or request compensation for unfair dismissal because you follow a safe methodology, and this is why I was dismissed from work.
Under UAE law, you are entitled to health insurance provided by your employer.
If this has not been provided, you can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).
You also have the right to address any unjust salary deductions.
You can reach out to us via WhatsApp for further details, as we specialize in such cases and are ready to assist you.
