PART 5 PART 5 EMPLOYER'S OBLIGATIONS
37. General duties of Employers to their Employees(1) An Employer has a duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all its Employees.(2) An Employer shall provide and maintain a workplace that is free of harassment, safe and without risks to an Employee's health.
38. Health and safety duties
Without limiting the generality of an Employer's duty under section 37, every Employer has a duty, as far as is reasonably practicable, to —(a) ensure adequate systems are in place that minimize risks to health concerning fire hazards and the use, handling, storage and transport of dangerous articles and substances;(b) provide information, instruction, training and supervision to Employees, in English or, if necessary, another language understood by the Employees, to ensure their health and safety at work;(c) inform each Employee in writing at the time of recruitment of the dangers, if any, connected with the employment and of the protective measures the Employee shall take;(d) provide and maintain adequate and safe access to, and from, the workplace; and(e) provide any other facilities or meet any other requirements as prescribed in any rules made by the Board.
An Employer shall ensure that every enclosed workplace is ventilated by a sufficient quantity of fresh or purified air.
40. Temperature in indoor workplaces
An Employer shall ensure that, during working hours, the temperature in all workplaces inside buildings shall be reasonable.
An Employer shall ensure that its workplace has suitable and sufficient lighting.
An Employer shall keep its workplace and its furniture, furnishings and fittings clean.
43. Room dimensions and space
An Employer shall ensure that every room where persons work has sufficient floor area, height and unoccupied space for purposes of health, safety and welfare.
44. Workstations and seating
An Employer shall ensure that workstations are suitable for Employees and the nature of the work required to be done at the workstation.
45. Sanitary conveniences
An Employer shall provide suitable and adequate sanitary conveniences at readily accessible places in the workplace.
46. Drinking water
An Employer shall provide an adequate supply of wholesome drinking water for all Employees in the workplace.
47. No penalties for preventing health and safety risks(1) An Employer shall not dismiss or otherwise penalise, directly or indirectly, any Employee for —(a) carrying out activities that prevent or reduce risks to health and safety in the workplace where the Employee has been specifically designated to do so; or(b) taking reasonable steps to avert serious and imminent danger and for refusing to return to the place of danger until the danger no longer exists.(2) An Employee is not to be regarded as having been penalised for conduct referred to in subsection (1) if the Employer proves that the Employee's conduct was negligent or inappropriate in the circumstances and that a reasonable Employer would have treated the Employee as the Employer did.
48. Work-related injuries
The Employer shall immediately obtain, at the Employer's expense if such expense is not covered by the Employer-provided health insurance, adequate medical assistance for any Employee who suffers an injury as a result of an accident arising out of or in the course of his employment.
49. Compensation for employment accidents and occupational diseases(1) Where an Employee sustains an injury as a result of an accident arising out of or in the course of his employment, and the Employee can show that such accident arose as a result of the Employer's negligence or actions, the Employer shall pay compensation to the Employee in accordance with any scale of compensation amounts specified for the purposes of this section by the Board in rules made by the Board.(2) No compensation is payable under this section until such amounts have been so specified.(3) Where an Employee dies as a result of an accident or illness arising out of or in the course of his employment, and the Employee can show that such accident or illness arose as a result of the Employer's negligence or actions, the Employer shall pay compensation to his named dependants equal to no less than 24 months' wages calculated on the basis of the last monthly wage the Employee was paid before his death.
50. Health insurance
An Employer is required to obtain and maintain health insurance cover for its Employees.
51. Data protection(1) In relation to Personal Data relating to a Data Subject, the Employer shall comply with the duties set out in subsections (2) to (8).(2) Personal Data shall be Processed by the Employer only for the purposes of —(a) exercising or performing any right or obligation which is conferred or imposed by law on the Employer in connection with the employment or engagement of the Data Subject;(b) complying with any legal obligation to which the Employer is subject, other than an obligation imposed by contract;(c) protecting the vital interests of the Data Subject; or(d) fulfilling the legitimate commercial interests of the Employer, except where the Processing is unwarranted in any particular case by reason of the prejudice to the legitimate interests of the Data Subject.(3) Personal Data must be adequate, relevant and not excessive in relation to the purpose or purposes for which they are Processed.(4) The Employer shall take reasonable steps to ensure that the Personal Data are accurate and kept up-to-date (having regard to the purpose or purposes for which they are Processed).(5) Personal Data must not be kept for longer than is necessary by the Employer (having regard to the purpose or purposes for which they are Processed).(6) The Employer shall take appropriate technical and organisational measures against unauthorised or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.(7) An Employer shall be permitted to transfer Personal Data outside of the Abu Dhabi Global Market only where —(a) such transfer is necessary to comply with any legal obligation to which the Employer is subject, other than an obligation imposed by contract;(b) such transfer enables the Employer to manage the employment or engagement of the Data Subject (and, in such circumstances, the Employer shall take reasonable steps to ensure that it remains able to fulfil its obligations under subsections (2) to (8));(c) such transfer is to fulfill the legitimate commercial interests of the Employer, except where the transfer is unwarranted in any particular case by reason of the prejudice to the legitimate interests of the Data Subject; or(d) the Data Subject has given his written consent to such transfer (and for these purposes consent given in a written contract of employment or other written contract between the Data Subject and the Employer shall be valid consent).(8) A Data Subject is entitled, by giving to the Employer a minimum of 20 business days' prior written notice, to be provided with access to the Employer's records containing the Personal Data of the Data Subject which are used by the Employer in connection with the employment or engagement of the Data Subject. A Data Subject may only use this access for the purpose of notifying the Employer of any inaccuracy in the Personal Data.(9) An Employer shall be entitled to exclude from the records provided under subsection (8) any information that is the Personal Data of another Data Subject, subject to a duty of confidentiality owed to a third party or is specified by rules made by the Board from time to time to be excluded from such duty.