Q&A
Questions from our members, answers from our experts
We list here, by theme, your questions and the answers our experts have provided.
Labor law: Responses from Mathieu Faupin, Head of International department, Al Sulaiti Law Firm
The normal obligations remain:
- respect of notice of dismissal
- payment of the end-of-service benefits
- financing the return ticket to the country of origin (depending on the type of contract)
- if the return to the country is not possible (borders closed), the employer must continue to provide meals (or food allowance) to his employees as well as accommodation
Yes, because it is the employer who can decide on the validation of annual leave, which should not disturb the smooth running of the business.
No, not unilaterally.
The employer must provide accommodation and food allowance for his employees, who are still part of his workforce, during unpaid leave.
No, not unilaterally. But if the employee expresses her/his will, and if this is formally contracted by an addendum to the employment contract, everything is possible. The employee remains entitled to refuse any adjustment to the contract that would not suit her/him, in which case she/he is dismissable.
- take annual leave if some remain, and use the following year if necessary, with the risk that there is not enough or that the employee leaves before the end of the following year
- consider, with the employee, a leave without pay
- dismiss, respecting the legal framework
If the return to the country is not possible (closed borders), the employer must continue to provide meals (or food allowance) to her/his employees as well as accommodation
(updated 04/15/2020)
Yes, it is an obligation, and there are controls.
Home work for people considered to be at risk (over 55, chronically ill, etc.) is a recommendation and not an obligation of the State.
As factories are exempt from the new guidelines “80% at home, 20% at work”, the employee may be asked to come to work, and the employer must respect the safety recommendations related to Covid-19 .
For information, here are the guidelines communicated by the Labour Office
A dismissal for cause is to be studied.
According to an infographic published Thursday, April 2, 2020 by the Ministry of Trade and Industry on its Twitter page, pharmacies and clinics, factories, maintenance companies, outlets of subsidized food and supplies, e-commerce companies, telecommunications companies, banks, companies operating in state-run projects, restaurants (deliveries and take-out), gas stations and logistics service companies and companies operating in ports, airports and customs services are exempt from the decision.
In general, epidemics are not covered by insurers.
Please note that medical costs may not be covered by the insurer, in particular quarantine costs.
Here you will find the guidelines communicated by the Labour Office
Until the transfer of the newly recruited employee is complete, that employee cannot legally start work.