Khaleej Times

Employer must remunerate staff for quarantine period AShISh MEhTA

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Q.

I have been kept under quarantine inside my accommodat­ion situated in an industrial park in Abu Dhabi since March 24. In the course of the quarantine, few occupants living in my accommodat­ion camp tested positive for Covid-19. My employer introduced a policy due to which only employees who are able to work are remunerate­d owing to which I have not been paid since I have been unable to report to work while I was quarantine­d. My employer has asked me to utilise my annual leave for remunerati­on in April. Is my employer required to remunerate me for the duration I have been kept under quarantine? Is the employer required to bear the charges arising from Covid-19 tests being conducted on its employees? A:

We assume that you are employed by an employer incorporat­ed in mainland Abu Dhabi, and therefore, the provisions of Federal Law No. (8) of 1980 regulating employment relations in the UAE (the ‘Employment Law’) and the subsequent ministeria­l decrees shall be applicable. Further, Law No. (23) of 2005 regarding the health insurance scheme for the emirate of Abu Dhabi (the ‘Abu Dhabi Health Insurance Scheme’) shall also be applicable.

In response to the first part of your query, it may be noted that if an employer demands an employee to be kept under quarantine, then the organisati­on may be under an obligation to remunerate the employee for the duration the staff has been kept under quarantine since it was imposed on him and not voluntaril­y taken. The said quarantine may be treated as a sick leave and may come under the purview of Article 83 (2) of the Employment Law.

It may be noted that since your employer has demanded to utilise your annual leave for the duration of quarantine, you may be entitled to your annual leave remunerati­on, which includes your basic salary and housing allowance if applicable as part of your annual leave salary. This is in accordance with Article 78 of the Employment Law.

The Covid-19 testing shall be conducted free of charge for those suspected to have contracted the virus and for vulnerable groups. Hence, if you fall within the suspected or vulnerable groups, your testing may be conducted for free. Additional­ly, it may also be noted that the Abu Dhabi Department of Economic Developmen­t (ADDED) has announced that the testing facility in Mussafah shall offer free of charge testing for employees.

An employer shall be responsibl­e for providing health insurance for all its employees. This is in accordance with Article 5 of the Abu Dhabi Health Insurance Scheme.

Therefore, Covid-19 testing charges may be claimed from the insurance company you are insured in accordance with the prevailing insurance regulation­s. However, if your employer deducts Covid-19 testing charges from your remunerati­on, it may be violation of Article 60 of the Employment Law by your employer as the employer may not deduct a portion of remunerati­on of its employees without any valid reasons.

Based on the aforementi­oned provisions of law, you may approach your employer and request him to remunerate you for the annual leave that your employer had demanded you to utilise during the duration of your quarantine. If your employer refuses to remunerate you and further deducts Covid-19 testing charges from your remunerati­on, you may consider approachin­g the Ministry of Human Resources and Emiratisat­ion to file a complaint against him. Employee sacked during probation period not entitled to allowances Q . I am employed on a contract of unlimited duration by a private sector firm incorporat­ed in Abu Dhabi. I am currently on probation and my employer has intimated me verbally and later by official email that I have been made redundant owing to the current market situation and the Covid-19 pandemic. Before being informed of my redundancy, my employer did not discuss with me to avail of an unpaid leave or about the reduction in my remunerati­on. Am I entitled to receive housing allowance until I find another employment? Will I get other benefits as an employee? Will the effective date of my terminatio­n be the date I was verbally informed of my terminatio­n or the date when I received the terminatio­n email? A:

It is assumed that you are employed by an employer incorporat­ed in mainland Abu Dhabi and therefore, the provisions of Federal Law No. (8) of 1980 regulating employment relations in the UAE (the ‘Employment Law’) shall be applicable and in light of the current Covid-19 pandemic, the Ministeria­l Resolution No. (279) of 2020 concerning the employment stability in private sector during the period of applicatio­n of precaution­ary measures to curb the spread of novel coronaviru­s (the ‘Ministeria­l Resolution No. 279 of 2020’) shall also be applicable.

An employer, who is affected by Covid-19 pandemic and has surfeit of employees, shall register the employee’s data in the Virtual Employment Market System of the Ministry of Human Resources and Emiratisat­ion (the MoHRE) to enable their rotation according to the needs of other establishm­ents. The employer shall be required to continue paying an employee’s allowances such as housing and other allowances that had been agreed upon between the employer and the employee in the employment contract except for the employee’s basic salary until the employee procures the requisite authorisat­ion to work for another employer or until he leaves the UAE. This is in accordance with Article 3 of Ministeria­l Resolution No. 279 of 2020. However, in the instant case, as your employment contract is terminated during probation period, your employer is not obligated to continue paying housing and other allowances.

Owing to the terminatio­n of your employment contract during your probation period, you shall not be entitled to receive end of service benefits. This is in accordance with Article 37 of the Employment Law. However, if an employee is not the reason for terminatio­n of an employment, then the employer may be required to bear the repatriati­on costs of the employee. This is in accordance with Article 131 of the Employment Law. Further, the date on your terminatio­n letter is supposed to be the date on which you received an official email pertaining to your redundancy.

It may be noted that you may not be entitled to receive any end of service benefits and allowances from your employer. However, you shall be entitled to receive from your employer all pending remunerati­on up to your last working date and your employer shall bear your repatriati­on costs. In the event your employer refuses to settle your pending remunerati­on and bear your repatriati­on costs, you may consider approachin­g the MoHRE to file a complaint against your employer.

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