What does the new UAE Labour Law say about workplace injuries and occupational diseases? The new Labor Law – Federal Regulation No. 33 of 2021 on the regulation of labor relations – has updated the regulations for the private sector in the UAE. One of the many aspects of the new law is compensation for work injuries and occupational illnesses.
The new law will replace Federal Law No. 8 of 1980 and its amendments, and will take effect on February 2, 2022.
While Article 37 of the new UAE Labor Law discusses compensation for work injuries, Article 38 addresses situations where a worker is not entitled to such compensation from his employer.
According to Article 37, the conditions and procedures to be followed in such cases shall be determined in the future administrative regulations. However, clause 3 of the article specifies the compensation from DH 18,000 to DH 200,000 that needs to be paid to a worker’s family if a worker dies due to work injury or occupational illness. The correct amount, according to the clause, will be equal to 24 months of the worker’s last basic wage, as long as it falls within the limits stated above.
Article 38 of the new UAE labour law highlights cases where the worker will not be entitled to compensation from his employer and covers acts such as intentional self-harm or being under the influence of alcohol or drugs.
Here is a detailed look at what the law says about workplace injuries and occupational diseases:
Article (37) of New UAE Labour Law – Compensation for occupational diseases and work injuries
1. By the decision of the Cabinet, on the recommendation of the Minister and in case of occurrence of any of the aforesaid institutions, work injuries and occupational diseases, these conditions and procedures shall be determined. Responsibilities
In this regard, the amount of compensation due to the employer in case of permanent disability or permanent partial disability, and the amount of compensation to his family in case of his death and the rules of distribution and compensation.
2. If a worker suffers from a work injury or occupational illness, to the employer:
A) Bear the cost of the worker’s treatment until he recovers and reports to duty.
B) If a work injury or occupational illness prevents the worker from doing his job, the employer will pay the worker the full wages for the treatment period or for a period of six months, whichever is less. If the duration of treatment is more than six months, the worker has to prove his disability for the next six months or until he recovers or dies, whichever is earlier, half the wages must be paid.
Also Read This: ICA Smart Services UAE 2022 Guide For Travelers and Returnees
3. If the worker dies as a result of work injury or occupational disease, his family will be entitled to compensation equal to the basic wage of the worker for 24 months, provided the amount of compensation is not less than DH 18,000 and Don’t be The amount of compensation exceeding 200,000 dirhams will be calculated on the basis of the basic wages received by the worker before his death and will be distributed among his successors as stated in the administrative rules of this order. ۔ The family will be protected from separation pay, and other financial rights due to the worker.
Article (38) of New UAE Labour Law – Cases of worker not being entitled to work injury compensation:
A worker will not be entitled to work injury compensation if an investigation by the competent authorities reveals that any of the following incidents have occurred:
- In case of intentional self-injury.
- If the injury is caused by alcohol, drugs or other psychological substances.
- If the injury is a direct result of a deliberate violation of the precautionary instructions posted in the workplace, as stated in the Executive Rules of this Order Act.
- If the injury is a direct result of the worker’s intentional disrespect.
- If the worker refuses to undergo a check-up or follow the treatment prescribed by the medical institution for no serious reason.