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When is an accident considered a work injury?
In the event that an injury occurs to a “worker” during working hours, he has the right to demand compensation from the employer through a labor and workers law lawyer in Dubai, Abu Dhabi, United Arab Emirates for the damage that occurred to him as a result of that injury, according to the percentage of disability resulting from that injury, In order for the accident to be considered a work injury, it must have occurred while the worker was performing his work, during the hours specified for work and while the worker was performing it. The injury can also be considered a work injury if it occurred during hours other than the specified hours for work if the worker was carrying out work for the benefit of the employer, even if he Outside working hours.
In application of this, the employer is responsible for compensating the worker who suffered a work injury after the specified work hours, and the employer’s obligations towards the worker injured by the work injury and occupational diseases, which the labor and workers law lawyer in Dubai, Abu Dhabi, United Arab Emirates helps him to collect, are to demand that the employer The work is to pay the worker’s treatment expenses. These expenses include hospital stay, surgical operations, expenses for x-rays, and medical tests, as well as the purchase of medicines and rehabilitation equipment, and the provision of limbs and prosthetic and prosthetic devices for those proven to be incapacitated. It also includes transportation expenses required for the worker’s treatment.
However, if a work injury or occupational disease prevents the worker from performing his work, the employer must pay the worker an amount equivalent to his full wage for the duration of the treatment period or a period of (6) six months, whichever is less. If the treatment period exceeds (6) six months, the He gets half the wage for another six (6) months or until the worker recovers or his disability or death is proven, whichever comes first.
If a work injury or occupational disease leads to the death of the worker, the family of the deceased is entitled to compensation
Equal to the basic worker’s wage for a period of (24) months, not less
The value of compensation is (18,000) eighteen thousand dirhams and does not exceed (200,000) two hundred
One thousand dirhams, and the compensation value is calculated according to the basic wage that the worker was receiving
Before his death, compensation is distributed to those entitled to the deceased worker, while preserving the rights of the deceased’s family from the end-of-service gratuity and any other financial entitlements to which the worker is entitled. If a work injury or occupational disease leads to the death of the worker, the compensation is paid to those entitled to him in accordance with the law, or as determined by it. The worker before his death.
However, despite this, there are cases in which the worker is not entitled to compensation for a work injury, if it is proven through the competent authorities that the injury occurred as a result of the worker intentionally violating the preventive instructions announced in visible places in the workplace, provided that the employer is committed to making the worker aware of the detailed instructions regarding methods of Preventing fires and protecting workers from the dangers they may be exposed to while performing their work, in Arabic and another language that the worker understands when necessary, in addition to informing the worker before starting work of the dangers of his profession and obliging him to use means of protection. He must provide appropriate personal protective equipment for the workers and train them to use them. The worker is trained on the safety methods mentioned in the worker protection instructions, and the worker is taught, when employed, about the dangers of his profession and the means of prevention that he must take, and he must post detailed written instructions in this regard in the workplace.
Employment Disputes legal advisor in Abu Dhabi UAE
When is a worker entitled to an arbitrary dismissal allowance in the Labor relationship Regulation Law No. 33 of 2021
The new labor relationship regulation law limited the cases of illegal dismissal to only two cases, namely, 1) in the case of the company dismissing the employee due to the filing of a serious labor complaint to the Ministry of human resources and Emiratization, 2) or filing a lawsuit against the employer and proved its validity،
This is completely different from what was being worked on under the previous law, as there were cases that could be considered arbitrary dismissal under the previous law that differ from the current one, including that in the event that the worker left work due to a breach by the employer of his contractual obligations, including the delivery of the salary due to the worker, and
The previous law defined the arbitrary dismissal of a worker in a broader and more comprehensive manner, so the arbitrary dismissal or wrongful termination occurred "if the worker is arbitrarily dismissed, the competent court may judge the owner of
Work by paying compensation to the worker, and the court estimates this compensation taking into account the type of work
The amount of damage caused to the worker, the duration of his service and after the achievement of working conditions.
It is stipulated in all cases that the amount of compensation shall not exceed the worker's wage for a period of three
Months are calculated on the basis of the last salary he was entitled to."
And here the dismissal was either by dismissing the worker in the usual sense that the employer terminated the employment relationship between him and the worker without the reasons specified by the law and without a written investigation with the worker before dismissal and termination of the employment relationship, and the rules and conditions of the provision for the worker to compensate for arbitrary dismissal were between one to three months, it depended on the type of work that the worker was doing, if he was a responsible manager or doing work that other workers relied on, or the company relied on for high-precision, experience or importance tasks, and the second criterion was the amount of damage caused to the worker and the extent of affected by this arbitrary separation and the damage suffered by his family due to the interruption of his livelihood and the losses he suffered for his loss The longer the employee's service period with the employer, the closer the compensation due is to three months, because the longer the worker works, the more stable he becomes and depends on his income from this work.once he loses, he loses the fixed and known income on which he determined his livelihood and the livelihood of his family after him.
As for the current law, according to the text of the first paragraph of Article 47 of the Labor relationship Regulation Law No. 33 of 2021, it has defined the controls for considering illegal termination as an arbitrary dismissal and specified only two cases in which the termination of the employment relationship by the employer is considered an arbitrary dismissal, and that was according to the following:
"1.termination of a worker's service by an employer shall be considered unlawful if the termination of the worker's service is due to him filing a serious complaint with the ministry or filing a proven lawsuit against the employer."
The labor and workers law lawyer in Dubai, Abu Dhabi, United Arab Emirates, explains that the first paragraph of the above-mentioned article means that the legislator has given the right to the employer to dismiss the worker at any time without giving any reasons, and with an absolute desire, and oblige the employer to compensate the worker in case the worker is dismissed after submitting a serious complaint to the ministry or filing a lawsuit against the employer proved to be valid.
The labor and workers law lawyer in Dubai, Abu Dhabi, United Arab Emirates explains that the compensation due in this case corresponds to the compensation scheduled in accordance with the previous law, which is between the value of the worker's comprehensive monthly wage from one month to three months according to the second paragraph of the same article:
"2. the employer shall be obliged to pay a fair compensation to the worker assessed by the competent court, if it is proved that the dismissal is unlawful in accordance with Clause ( 1 ) of this article, and the amount of compensation shall be determined taking into account the type of work, the amount of damage caused to the worker and the length of his service, and in all cases the amount of compensation shall not exceed the worker's wage for a period of ( 3 ) three months calculated according to the last wage he received"
The platform of the black robe for legal consultancy and debt collection, and Labor Law and Employment Disputes legal advisor in Abu Dhabi UAE explains that there are several fundamental differences between the previous and current law, you should pay attention to them, and if you have any queries regarding labor issues or all other sections of the law, do not hesitate to contact us and communicate with us on the black robe platform, via chat during twenty-four hours seven days a week or by phone.
Labor Law legal advisor in Abu Dhabi UAE
When does a worker leave work without warning under the Labor relationship Regulation Law No. 33 of 2021
The current law differed from the previous one in cases of leaving the worker to work without warning, because the current law stipulated a very important condition, overlooked by the worker, and the employer as well, which is the need to inform the Ministry of human resources and Emiratization in some cases before leaving the worker to work without warning, and of those cases:
1-violation by the employer of his obligations towards the worker contained in the employment contract concluded between the parties or in the law regulating the employment relationship or decisions issued in implementation of the law regulating the employment relationship. With the requirement to inform the Ministry of human resources and Emiratization 14 working days before the date of leaving the worker to work, and without the employer removing the effects of this violation despite being notified by the Ministry of human resources and Emiratization
This is a prerequisite and necessary to preserve the right of both the worker and the employer, as the legislator has determined the mechanism for the worker to leave work without warning to inform the Ministry of the employer's violation of its obligations to him contained in the employment contract or the law regulating the employment relationship or the decisions issued in implementation of it, and leave a period for the ministry to communicate with the employer to remove the effect of this breach within a period of 14 days, and in case of failure to eliminate this breach by the employer, the hope has the right to leave work without warning without warning the employer.
The labor and labor law lawyer in Dubai, Abu Dhabi UAE and the black robe platform explains the second case in which a worker has the right to leave work without warning, namely:
2-proof that the employer or his legal representative assaulted the worker or subjected him to violence or harassment during work, provided that he notifies the relevant authorities and the ministry within (5) five working days from the date he was able to report
The condition for accepting the worker to leave work without warning in case of assault was to inform the ministry five days before leaving work, and the assault was either from the employer or from his legal representative, and the assault was either the worker was subjected to violence or harassment while doing work.
The labor and workers law lawyer in Dubai, Abu Dhabi UAE and the black robe platform explains the third case in which a worker has the right to leave work without warning, namely:
3-if there is a serious danger at the workplace that threatens the safety or health of the worker, provided that the employer has become aware of its existence and has not taken any measures to remove it،
The black robe platform clarifies the serious danger controls as stated by the legislator in the law as:
1-the presence of a possible source of ignition.
2-exposure to electrical wires connected to a source of electricity can cause electric shock Or death.
3-the presence of hazardous chemicals that can cause diseases.
4-unusual temperatures, which cause burns.
5-exposure to loud noise permanently damages the sense of hearing.
6-rays that can cause cancer or blindness.
7-biological hazards that can cause diseases.
With the proof of this serious danger that threatens the worker and with the failure of the employer to take any action to eliminate this danger, the worker has the right to leave work without warning to preserve his life, safety and security.
The labor and workers law lawyer in Dubai, Abu Dhabi UAE and the black robe platform explains the fourth case in which a worker has the right to leave work without warning, namely:
4-entrusting the working employer to do work that is fundamentally different from Labor
Agreed under the employment contract, without the worker's written consent to this, except in cases of
Necessity in accordance with the provisions of Article (12) of this Decree-Law.
Here, it was necessary to clarify the provisions of Article 12 of the Labor Relations Regulation Law on what it indicated and determined when a worker can be assigned to another job different from what is agreed in the contract concluded between him and the employer, and it was:
1-the worker may not be assigned a job that is fundamentally different from the work agreed in a contract
Work, unless absolutely necessary or with the aim of preventing an accident or to repair what has arisen
About him, provided that the assignment is temporary
Here, the legislator stipulated that there is an urgent need to assign the worker a job that is fundamentally different from what was agreed upon under the employment contract concluded between them, or in order to prevent an accident and the worker's ability to prevent this, or to repair what the worker spoiled, and the legislator stipulated that this assignment should be temporary and not permanent, including returning the worker to the work that was contracted immediately after the end of that job.
2-the employer may assign the worker in cases other than those referred to in Paragraph (1) of this article
To carry out work that is not agreed in the employment contract provided the worker's written consent.
And we find the second case specified by the legislator, in which the worker's work was authorized in a fundamentally different work than agreed in the employment contract, in the case of the worker's written consent to this work, which gives continuity in this work.
3-if the worker's doing work that is not agreed in the employment contract requires the worker to change his place of residence
The employer must bear all the financial costs involved, including the costs of
The worker's movement and residence.
From all the above, it is clear that the legislator has set controls in leaving the worker to work without warning and stipulated that in some cases the Ministry of human resources and Emiratization should be informed before leaving the worker to work and not to bear the consequences of leaving the work without warning, which is the employer's right to refer to him by requesting the legally prescribed warning allowance, as we will talk about in a later article, God willing.
The platform of the black robe for legal consultancy and debt collection and Labor Law legal advisor in, Abu Dhabi UAE explains that there are several fundamental differences between the previous and current law, you should pay attention to them, and if you have any questions regarding labor issues or in various branches of law, do not hesitate to contact us and communicate with us on the black robe platform, via chat or phone call.