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This practical guide focuses on some of the most frequently asked questions by businesses in the current climate.

1. What health and safety obligations does an employer have towards its employees?
The UAE Labour Law recognises the concept of occupational injuries within the work place. However, COVID-19 will not fall into this category unless the employee works in a high-risk environment such as the medical field.

Notwithstanding the above, the UAE does require employers to ensure that their work places are safe from hazards and that employees are protected.

As a matter a best practice, we would recommend that all employers put in place or update their health and safety policies and procedures. Employers should also ensure that key employees are trained in and familiarized with the relevant health and procedure policies.

2. What are the guidelines from the UAE authorities to combat COVID-19?
Official educational guidelines issued by the relevant public health authorities in the UAE are accessible via the following link:
UAE Ministry of Health & Prevention / Abu Dhabi Health Center – Health Department: https://doh.gov.ae/covid-19

3. What duties are imposed on an employer if any of their employees is displaying symptoms of COVID-19?
The UAE Federal Law 14 of 2014 on Communicable Diseases (as amended), which now also covers COVID-19, clearly stipulates that the immediate supervisor at the place of work is required to report any suspected cases to the Health Authority. Failure to comply with this legislation bears severe penalties including imprisonment and/or fines.

4. Can an employer demand their employees to disclose if they are considered to be at high-risk of contracting COVID-19? Is such an employee able to refuse disclosure?
It is reasonable for an employer to instruct an employee to disclose if he/she has travelled to a high-risk country, to report any symptom(s) that he/she may be experiencing, if he/she has been tested positive or has been in contact with a confirmed case of COVID-19.

In line with the efforts of the UAE authorities to try to curb the spread of COVID-19, it is understood that the employee is required to strictly comply with the set guidelines and keep his/her employer informed at all times.

In case of any suspected case of COVID-19, the employer and/or the employee must contact the relevant heath authorities at the details given below:

Health Authority call centre: 800 342 Department of Health Estijaba service: 8001717 Ministry of Health and Prevention: 80011111

5. What options are available to an employer to protect a high-risk employee? What actions an employer should take in the event of a suspected COVID-19 case?
Generally speaking, an employee cannot refuse to come to work. However, in the current circumstances, in respect of high-risk employees or suspected cases, we would recommend the employer to exercise its discretion. Some options available to the employer are as follows:

High-risk (for any employee with medical pre-conditions):
- Flexi-working arrangements such as working from home or reduced hours in the office
- Paid annual leave (can be imposed without the approval of the employee)

Suspected COVID-19 (when the employee has not yet been tested positive):
- Self-isolation for a period of 14 days will be mandatory
- Working from home if possible
- Sick leave may be an option if the individual provides a valid medical certificate

The employer should consider disinfecting the premises and closing for a certain period (if not already required to close by order of the local authorities).

6. Alternative to redundancies
If the business is suffering financially, employers may be considering reducing headcount by making redundancies which will have legal implications and may be the subject of challenge by the employees. Employers may explore alternative options such as unpaid leave, imposing mandatory paid annual leave, reduction in working hours, part-time arrangements and shot-term salary reduction. However, some options constitute substantial amendments to the employment contract and must be approved by the employee in writing. Such agreement must be properly documented. Consultation with the employees is also highly recommended.

Prior to making a decision in respect of any of the above options, we strongly recommend that the employer seeks legal advice.

What policies, procedures and actions an employer must ensure are in place?
In our view, considering the current international circumstances, employers are encouraged to review, update or put in place the following:
- Absence/sick leave policies
- Update to leave policies and procedures
- Flexible working arrangements procedure
- Health and safety procedures
- Internal reporting procedures
- Staff handbook
- Updating emergency and other contact details for employees

We appreciate this is a very challenging time for all businesses which may have an extensive impact on employment relationships. Taylor Wessing can provide you with practical advice on the current situation. Please contact us at:

Aqsa Khan-Sadiq – Head of Employment
a.khan@taylorwessing.com | +971 (0)50 240 23 83 | +971 (0)4 309 10 13