Health and Safety for Workers under UAE Labour Law

August 2, 2024by Reshma Rose Jacob0

The United Arab Emirates (UAE) is a rapidly developing country that places a strong emphasis on protecting the health and safety of its workforce. The legal framework governing labour relations in the UAE, particularly concerning health and safety, is primarily set out in Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, commonly known as the UAE Labour Law. This law outlines the responsibilities of employers and the rights of employees in ensuring a safe and healthy work environment. 

Disambiguation: This article discusses UAE Federal employment laws. For ADGM labour laws, please refer to ADGM Employment Laws. For DIFC labour laws, please refer to DIFC Employment Laws.

Employer Obligations under UAE Labour Law 

The UAE Labour Law imposes several duties on employers to safeguard the health and safety of their employees: 

Safe Working Environment

Employers are required to provide a safe and hazard-free workplace. This includes maintaining equipment and premises, ensuring they meet safety standards, and conducting regular safety inspections to identify and mitigate potential risks. 

Health and Safety Training

Employers must provide their employees with adequate health and safety training. This training should cover the proper use of machinery, handling hazardous substances, emergency procedures, and other workplace-specific safety protocols. This ensures that workers are aware of potential risks and know how to respond appropriately in case of emergencies. 

Provision of Safety Gear

 Employers are obligated to supply workers with appropriate personal protective equipment (PPE) necessary for their roles, such as helmets, gloves, safety glasses, and protective clothing. Employers must also ensure that employees use this equipment correctly. 

Medical Care and First Aid

 Employers must provide medical care facilities on-site, including first aid kits and access to medical services in case of work-related injuries or illnesses. The employer is also responsible for bearing the costs of medical treatment for injuries sustained on the job, as per Article 38 of the Labour Law. 

Reporting and Record-Keeping

 In case of a workplace accident resulting in injury or death, the employer must report the incident to the Ministry of Human Resources and Emiratisation (MOHRE) and local police within 24 hours. Employers must maintain records of workplace injuries and illnesses and take steps to prevent future occurrences. 

Occupational Health and Safety Standards

 Employers are expected to comply with the specific occupational health and safety standards issued by MOHRE and other relevant authorities, such as OSHAD in Abu Dhabi and the Dubai Municipality. Compliance is monitored through regular inspections and audits. 

This blog is a part of our Understanding the Labour Laws in the UAE.

Worker Rights and Responsibilities 

Workers in the UAE have specific rights under the Labour Law to ensure their health and safety: 

Right to a Safe Workplace

 Employees have the right to work in an environment that meets safety standards and is free from unnecessary risks. They can refuse to perform work that poses a direct threat to their life or health without facing punitive measures. 

Access to Information

 Employees are entitled to receive information about potential workplace hazards, safety measures, and their rights under the law. Employers must ensure that workers are informed about safety procedures and any changes to workplace safety protocols. 

Duty to Comply with Safety Protocols

 Workers are responsible for following safety guidelines and using the provided safety gear. They must also report any unsafe conditions or practices to their employer or relevant authorities. 

Right to Compensation

 If a worker is injured on the job, they are entitled to compensation for medical expenses, lost wages, and, in severe cases, disability benefits or compensation for death. The compensation is calculated based on the worker’s salary and the extent of the injury or disability. 

Enforcement and Regulatory Bodies 

The MOHRE is the primary body responsible for enforcing labour laws in the UAE, including health and safety regulations. MOHRE, along with other local authorities such as the Dubai Municipality and the Abu Dhabi Occupational Safety and Health Center (OSHAD), conducts regular inspections to ensure compliance with safety standards. 

Employers found in violation of these regulations may face penalties, including fines, suspension of operations, or even criminal charges in severe cases. 

Compensation for Work Injuries and Occupational Diseases 

Under the UAE Labour Law, comprehensive provisions are established to address work injuries and occupational diseases, ensuring that workers receive appropriate care and compensation. As per a Cabinet resolution, the framework outlines the conditions, procedures, and employer obligations concerning work-related injuries and diseases. This includes defining the amount of compensation due for permanent disability, both full and partial, as well as compensation for the worker’s family in the event of death, including the rules for its distribution and amount. 

Employers are mandated to bear the expenses related to the worker’s treatment until recovery or disability is confirmed, adhering to the conditions set by the Implementing Regulation. In cases where a worker is unable to perform their duties due to a work injury or occupational disease, the employer is required to provide full wage compensation during the treatment period, or for up to six months, whichever is shorter. If the treatment extends beyond six months, the worker is entitled to half of their wage for an additional six months or until recovery, disability, or death is established, whichever comes first. 

In the unfortunate event that a work injury or occupational disease results in the worker’s death, the worker’s family is entitled to compensation. This compensation amounts to the worker’s basic wage for up to 24 months, with a minimum of AED 18,000 and a maximum of AED 200,000. The amount is based on the basic wage received by the worker prior to death and is distributed among the eligible beneficiaries according to the Implementing Regulation. This compensation is provided in addition to any end-of-service benefits and other financial entitlements due to the worker, ensuring that the family’s financial needs are adequately met. 

Conclusion 

The UAE’s labour laws demonstrate a strong commitment to protecting the health and safety of workers. Employers are legally obligated to provide a safe working environment, while workers are empowered to uphold their safety rights. As the UAE continues to grow and develop, maintaining a robust framework for health and safety will remain a crucial aspect of its labour policy, ensuring the well-being of its diverse and dynamic workforce. 

Disclaimer

The opinions expressed in this blog are those of the respective authors. ATB Legal does not endorse these opinions. While we make every effort to ensure the factual accuracy of the information provided in our blogs, inaccuracies may occur due to changes in the legislative landscape or human errors. It is important to note that ATB Legal does not assume any responsibility for actions taken based on the information presented in these blogs. We strongly recommend verifying information from official sources and consulting with professional advisors to ensure its accuracy and relevance to your specific circumstances.

About ATB Legal

ATB Legal is a full-service legal consultancy in the UAE providing services in dispute resolution (DIFC Courts, ADGM Courts, mainland litigation management and Arbitrations), corporate and commercial matters, IP, business set up and UAE taxation. We also have a personal law department providing advice on marriage, divorce and wills & estate planning for expats.

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by Reshma Rose Jacob

Reshma is a legal consultant at ATB Legal. She is a law graduate from St. Joseph’s College of Law, Bangalore, and is enrolled with the Bar Council of Kerala.

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