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Introduction:

In the dynamic landscape of employment rights and responsibilities in the United Arab Emirates (UAE), understanding the provisions regarding leaves, sick days, and termination is essential for both employers and employees. The UAE’s legal framework meticulously outlines various types of leaves, ranging from annual and sick leave to maternity and parental leave, ensuring that workers are provided with adequate time off to attend to personal and family matters. Additionally, termination clauses delineate the circumstances under which contracts can be ended, safeguarding the interests of both parties involved.

In this comprehensive exploration, we delve into Articles 28 to 35 of UAE employment laws, which delineate the intricacies of different types of leaves, the entitlements of workers during leaves, and the procedures governing termination of employment contracts. By elucidating these regulations, we aim to provide clarity and guidance to employers and employees alike, fostering a work environment grounded in fairness, respect, and accountability.

Types of Leaves

1) Annual Leave

Annual leaves are full pay leaves on public holidays or holiday on next day or pay with 50% increase or more.

Annual leave with full wage for full time workers, of not less than;

• Thirty days for each year.
• Two days for each month, if above 6 months and less than 12 months.
• A leave for parts of the last year he spent at work, if his service ended before using his annual leave balance.

Part-time workers are also entitled to annual leave according to the time served and as mentioned in the employment contract.

• During probabtion, the employer may annual grant leave or pass on for for later. If the employee does not complete the probation period then the leave amount shall be paid to the employee.
• Workers should get their annual leave days within the year. Employers can schedule these days based on work needs, after discussing with the worker, or share them among employees for smooth work flow. The employer must inform the worker about their leave date at least a month in advance.
• With employer approval and following establishment rules, a worker can carry forward unused leave days to the next year.
• During annual leave, workers are entitled to their regular wage.
• Public holidays within the annual leave period count as part of the leave, unless the contract or establishment rules offer better terms for the worker.
• Employers can’t stop workers from using leave accumulated for more than two years, unless the worker prefers to save it or receive payment according to establishment rules. If a worker leaves the job before taking accrued leave days, they should receive payment for these days based on the basic wage and the duration of their employment.

2) Maternity Leave

The female worker shall be entitled to a maternity leave of (60) sixty days, according to the following:

• The first 45 days with full wage.
• The following 15 days with half wage.
• The female worker shall be entitled to it, if the delivery took place 6 months or more after pregnancy, whether the fetus was born dead or alive and then died. Leave can be granted starting from the last day of the month preceding immediately the month, in which she is expected to give birth, and this shall be proven by a certificate issued by the medical entity.

3) Sick Leave

If infected by a disease not arising from work injury, worker shall inform employer not exceeding 3 working days with medical report. No sick leave with pay during probation period.

After probation, Worker is entitled to 90 continuous or intermittent days per year, provided that it is calculated as follows:

• The first 15 days with full pay.
• The following 30 days with half pay.
• The following period is unpaid.

4) Bereavement Leave

Bereavement Leave is a paid leave policy granted by the employer in the situation where an employee loses his/her family member, relative, spouse, children, sibling, or any other relationship.

• 5 days, in case of death of the husband or wife.
• 3 days in case of death of the mother, father, son, brother, sister, grandson, grandfather or grandmother, starting from the date of death.
• A parental leave for a period of 5 working days, for the worker (either the father or mother), who has a newly born child, in order to take care of his child and the worker is entitled to such leave for a continuous or intermittent period, within 6 months from the date of the child birth.
• Upon discretion study leave can be granted for a period of 10 working days per year for exams on employment of more than two years.

5) Unpaid Leaves

The worker may, after obtaining the approval of the employer, have an unpaid leave.

Notice period and Leave – If terminated during leave, the notice period will start from the day of joining.

Termination

Article 42 – Termination of employment contract

The situations mentioned below will be considered as termination of contract:-

• The written agreement of both parties upon its termination.
• Expiry of the term specified in the contract, unless it is extended or renewed as per the provisions hereof.
• Based on the wish of either party, provided that the provisions hereof regarding termination of the employment contract and the notice period agreed upon in the contract are observed.
• The employer’s death, if the subject of the contract is related to its entity.
• The worker’s death or full permanent inability to work, as proven by a certificate issued by the medical entity.
• A final judgment issued against the worker by a freedom-restricting penalty for a period of not less than 3 months.
• Closing the establishment permanently, in accordance with the legislation in force in the State.
• The bankruptcy or insolvency of the employer, or any economic or exceptional reasons that prevent the continuation of the project, in accordance with the conditions, rules and procedures specified by the Implementing Regulation and the legislation in force in the State.
• The worker’s failure to fulfill the conditions for renewing the work permit for any reason beyond the control of the employer.

Article 44 – Workers dismissal without notice

In the situations mentioned below the workers can be dismissed without notice:-

• If a worker pretends to be someone else or uses fake documents.
• When a worker’s mistake causes significant losses or deliberate damage to the employer’s property, reported within seven days to the Ministry.
• Not following written safety instructions at work.
• Repeatedly failing to do the job despite warnings after a written investigation.
• Revealing confidential work information leading to losses for the employer.
• Being intoxicated, using drugs, or behaving inappropriately at work.
• Physically assaulting anyone at the workplace, breaking the law.
• Absence from work without a valid reason for more than 20 intermittent days or 7 consecutive days.
• Misusing the job for personal gain illegally.
• Joining another company without following proper procedures.

Article 45 – When worker quits without notice and retains his rights upon end of service in any of the following cases mentioned below :-

• If the employer breaks their promises in the contract or laws, and despite notifying the Ministry and giving 14 days’ notice, they don’t fix the issue.
• If the employer or their representative harms or harasses the worker at work, and the worker informs the authorities and the Ministry within 5 days.
• When there’s a serious danger at work threatening the worker’s safety or health, and the employer is aware but doesn’t take action to remove it.
• If the employer assigns the worker significantly different tasks from what was agreed upon in the contract, without the worker’s written agreement, except in necessary cases outlined in Article 12.

Article 47 – Illegitimate termination of worker

• If a worker is fired for making a serious complaint to the Ministry or suing the employer, which is proven valid, the termination is illegal.
• In such cases, the employer must compensate the worker fairly, determined by the court. The compensation considers the job type, damage caused, and the worker’s service duration. However, this compensation can’t exceed the worker’s three-month wage.
• This compensation doesn’t replace the worker’s right to receive notice period pay or end-of-service benefits as per the law.

Article 50 – Unlawful absence from work

If a foreign worker leaves work for illegitimate reason before the end of contract term, the worker cannot get a work permit for another job for 1 year from the date of absence from his previous work.

Conclusion:

As we conclude our examination of Articles 28 to 35 of UAE employment laws, it becomes evident that these regulations serve as pillars supporting a balanced and equitable relationship between employers and employees. By delineating the entitlements and obligations regarding leaves, sick days, and termination, the legal framework endeavors to uphold the rights and dignity of workers while ensuring the smooth functioning of businesses.

In navigating the complexities of leaves and termination clauses, both employers and employees must remain vigilant and informed, adhering to the stipulations outlined in the law. By fostering open communication, mutual respect, and adherence to legal provisions, employers and employees can cultivate a work environment conducive to productivity, well-being, and professional growth.

As we move forward, let us uphold the spirit of collaboration and understanding, recognizing the importance of compliance with employment laws in fostering a harmonious and thriving workforce in the UAE.