Work Injuries, Safety and Discipline in UAE Labour Law: Articles 36 to 41 Explained in Plain English

“Establishments shall abide by the provisions contained in Federal Law No. (13) of 2020 Concerning Public Health”Federal Decree-Law No. 33 of 2021, Article 36

In plain English

Every company must follow the Public Health law and the rules made under it. The Executive Regulation sets out MOHRE’s role and the detailed safety duties (Regulation Article 22, below).

Example

A factory must meet both the labour law’s safety rules and the public health rules, for example on hygiene in workers’ areas.

“Inform his workers, before handing over the work to them, of the risks associated with their professions”Cabinet Resolution No. 1 of 2022, Article 22(1)(c)

In plain English

The employer must:

• provide protection against work injuries, illness, fire and machinery risks;
• display clear safety and fire instructions, in Arabic and a language workers understand, with warning signs at danger points;
• tell workers about the risks of their job before they start;
• put a qualified person in charge of first aid and keep first aid kits stocked;
• provide fire extinguishers and prevention equipment;
• keep checking that workplaces stay safe, and reduce health hazards;
• protect against falls, falling objects, debris, sharp items, chemicals, hot, flammable or explosive substances, compressed gases and electricity;
• post technical instructions at machines, in Arabic and a language workers understand.

The worker must use the protective equipment and clothing provided, follow safety instructions, look after the equipment and not misuse or damage it. The employer may apply its penalty list to workers who break these rules.

MOHRE monitors that employers provide health insurance as the law requires, coordinates with health authorities, inspects, and penalises companies that break the safety rules.

Example

A worker on a building site refuses to wear his harness at height. The employer must provide the harness and train him on it, and can discipline him for not using it.

“the value of the compensation shall not be less than eighteen thousand (18,000) AED and not exceed two hundred thousand (200,000) AED.”Federal Decree-Law No. 33 of 2021, Article 37(3)

In plain English

• A Cabinet resolution lists work injuries and occupational illnesses, and sets compensation for permanent total or partial disability and for death.
• After a work injury or occupational illness, the employer must pay for treatment until the worker recovers and can return to work, or a disability is confirmed.
• While the worker cannot work, the employer pays the full wage for up to 6 months. If treatment takes longer, half wage for up to another 6 months, or until the worker recovers, is declared disabled or dies, whichever comes first.
• If the injury or illness causes death, the family receives compensation of 24 months’ basic wage, at least AED 18,000 and at most AED 200,000. This is in addition to the gratuity and other dues.

Remember that a “work injury” includes an accident on your usual route to or from work (Article 1).

Example

Musa breaks his leg in a fall at work and cannot work for 8 months. His employer pays his treatment, his full wage for the first 6 months, and half his wage for the next 2.

“The treatment cost shall include the costs of commuting the worker undertakes for the purposes of the treatment.”Cabinet Resolution No. 1 of 2022, Article 23(1)(d)

In plain English

• Treatment can be at any government or private health facility.
• The employer keeps paying until recovery, or until a disability is confirmed.
• It covers hospital stays, surgery, X-rays, lab tests, medicines, rehabilitation equipment, artificial limbs and prosthetics, and travel to and from treatment.
• The worker loses compensation if the injury came from deliberately breaking displayed safety instructions, but only if the employer had explained the instructions in a language the worker understands, warned about the risks, supplied protective equipment, and trained the worker.
• If the worker dies, compensation goes to those entitled under UAE law, or as the worker decided before death.

Example

An injured worker needs physiotherapy three times a week for two months. The sessions and the taxi fares to the clinic are the employer’s cost.

“The injury occurred under the influence of alcohol, narcotics, or other psychotropic substances.”Federal Decree-Law No. 33 of 2021, Article 38(2)

In plain English

There is no compensation if the competent authorities’ investigation proves that the worker:

1. deliberately injured themselves;
2. was under the influence of alcohol, drugs or other psychotropic substances;
3. deliberately broke safety instructions displayed in the workplace;
4. was injured through their own wilful misconduct; or
5. refused, without a serious reason, a medical examination or the treatment prescribed.

Example

A worker removes a machine guard against the posted instructions to work faster, and is injured. If the investigation confirms it was deliberate, Article 38(3) removes his right to compensation.

“Dismissal from service while preserving the Worker’s right to end-of-service gratuity.”Federal Decree-Law No. 33 of 2021, Article 39(1)(g)

In plain English

1. Written caution.
2. Written warning.
3. Deduction of up to 5 days’ wage a month.
4. Suspension of up to 14 days, unpaid.
5. Loss of the periodic pay rise for up to one year (where the company has periodic rises).
6. Loss of promotion for up to two years (where the company has a promotion system).
7. Dismissal, keeping the right to gratuity.

Example

A worker is late repeatedly despite a written caution. The next step can be a written warning, then a deduction, following the company’s penalty list.

“The worker shall not be accused of a disciplinary violation that has been discovered for more than (30) thirty days”Cabinet Resolution No. 1 of 2022, Article 24(4)

In plain English

• The penalty must be proportionate, judged by data breaches, safety impact, financial impact, harm to reputation, abuse of power, repeat offending, and any criminal or moral aspect.
• The employer must have a written penalty list covering the Article 39 penalties.
• No penalty without first telling the worker in writing what they are accused of, hearing their side, and recording it in a report on their file. The penalty, its reason and what happens on a repeat must be given in writing.
• No charge for a violation discovered more than 30 days earlier, and no penalty more than 60 days after the investigation ends.
• The worker can file a grievance with management, without being harmed for it, and keeps the right to go to MOHRE. Companies with 50 or more workers must publish their grievance rules and answer grievances in writing within a set time.

Example

An employer discovers in January that a worker broke a rule, but only raises it in April. Under Article 24(4) it is too late to charge him for it.

“It is not permissible to impose more than one disciplinary sanction for a single violation”Federal Decree-Law No. 33 of 2021, Article 41(2)

In plain English

• Investigation suspension: up to 30 days on half pay. If the case is closed, no violation is found, or only a warning is given, the withheld half is paid back.
• Criminal accusation (assault, theft, breach of trust and similar): suspension until a final decision, without pay. If the worker is released, acquitted of a non-felony, or the case is dropped for lack of evidence, they return to work with full back pay.
• No penalty for conduct outside the workplace unless it is connected to work.
• Only one penalty for a single violation.

Example

Rami is suspended on half pay for 20 days while a cash shortage is investigated. He is cleared, so the company pays him the other half of his wage for those 20 days.