Can employee be suspended for reasons not related to his work?
■ I have been working in a private company for four years. I have been suspended for the past three months over a police complaint filed by someone against me for a reason that has nothing to do with my work. I have not received my salary for four months. I appealed to my employer to put me back to work, but he refused and asked me to complete the complaint file first, and then return to work. I also have not taken annual leave for two years. What is the appropriate action to take against the employer? Does the employer have the right to suspend me from work for reasons that are not related to work?
As per Article 40 of the Labour Law No 33 of 2021, the employer may temporarily suspend the worker from work when he is accused of committing a crime of assault on oneself, money, or crimes related to breach of honour or trust, until a final judgment is issued by the competent judicial authority.
His wage shall be suspended for the period. If a judgment is issued for not putting the worker on trial, he is acquitted for absence of felony, or the case is dropped due to lack of evidence, he shall return to work and be paid his full suspended wage.
It is not permissible to impose any disciplinary sanction on a worker for an action committed by him outside the workplace unless it is related to work.
You can file a labour complaint against the employer for suspending you for a reason not related to work. You can also claim annual leave and salaries.
Muslim woman wants a divorce
■ I am a Muslim woman married to a Muslim man. I want a divorce. What are the valid reasons for divorce? If I am unable to obtain a divorce, do I have the right, according to Sharia, to file a direct lawsuit to request for khul? Is there a maximum amount? Reasons for divorce (judicial separation) are: separation on account of defects, separation due to non-payment of the due dowry, separation due to prejudice and discordance, separation due to abstention from support, separation due to absence and disappearance, separation due to imprisonment, and separation for ila and zihar.
Khul (divorce for consideration) is a rescission. If you cannot obtain divorce, you have the right to request for khul . There is no maximum amount because it is estimated by the court; and, sometimes, the husband shall be entitled to dowry only.
According to Article 110 of the UAE Personal Status Law, khul is a contract between the spouses whereby they agree to terminate the contract of marriage against consideration to be paid by the wife or by another person.
The amount to be paid as a consideration shall be governed by the same rules as dowry, but it is not allowed to agree on forfeiture of the children’s alimony or their fostering.
Should the consideration to be paid in case of divorce by agreement be not validly determined, divorce shall occur and the husband shall be entitled to the dowry.
Where the husband is unduly obstinate in his rejection and it was feared not to observe God’s will, the judge shall decide the mukhala’a (divorce) against an adequate consideration.