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 Lawyer in Dubai, 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.