In the UAE, it is prohibited to terminate an employee based on health deficiency, as stated in Article 124 of the Employment Law. According to this clause, “The employer may not terminate the service of an employee for his health deficiency before he avails himself of the leaves lawfully due to him. Any agreement to the contrary is deemed null and void even if it is made before this law comes into operation.”
Regarding mental health issues, the Employment Law does not explicitly address them. However, if these issues do not impact the employee’s ability to perform their job responsibilities, their termination could be considered arbitrary under Article 122. It states that: “Termination by the employer of an employee’s service is considered arbitrary if the cause for such termination has nothing to do with the work. In particular, termination is considered arbitrary if the employee’s service has been terminated on grounds, or a reasonable complaint lodged by him to the competent authorities, or on grounds of a justifiable action brought by him against the employer.”
Arbitrary termination occurs when the cause of dismissal has nothing to do with the employee’s work, including termination due to complaints lodged with authorities or justified actions taken against the employer.
In cases of arbitrary termination without a valid reason, the affected employee has the right to claim up to three months of salary as compensation, as stipulated in Article 123 of the Employment Law. The competent court will assess the amount of compensation, considering factors such as the nature of the employee’s work, length of service, and the circumstances surrounding the termination. However, the compensation should not exceed the employee’s pay for a three-month period, based on their last salary. It states:
“a. If the employee has been arbitrarily dismissed, the competent court has the jurisdiction to give judgment against the employer for payment of compensation to the employee. The court shall determine the amount of this compensation, taking into consideration the nature of work sustained by the employee, period of service and after investigation of dismissal circumstances. Provided that in all cases the amount of compensation should not exceed the employee’s pay for a period of three months, to be worked out on the basis of last pay due to him.
b. The provisions of the preceding clause shall not prejudice to the employee’s entitlement to the gratuity due to him and notice period provided for in this law. You may obtain a medical report from your doctor and submit it. Further, you may request your employer to reconsider the termination of your employment and inform the firm that you can perform your employment obligations and assure them your mental health issues will not affect your performance. In the event the response of your employer is not to your satisfaction, you may approach the Ministry of Human Resources and Emiratisation and file a complaint against your employer for arbitrary termination of your employment on grounds of mental health issues.”
To address concerns related to mental health and potential arbitrary termination, employees can obtain a medical report from a doctor and submit it to their employer. Additionally, employees may request their employer to reconsider the termination by emphasizing their capability to fulfill job obligations and ensuring that mental health issues will not affect their performance. If the employer’s response remains unsatisfactory, the employee can escalate the matter to the Ministry of Human Resources and Emiratisation by filing a complaint against the employer for arbitrary termination based on mental health grounds.
OFW Guide: UAE bars termination on health grounds including mental health
Source: Pinoy News Udpates PH
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