Imprisoning mother

Question 1: A lady questioner from Dubai asks: My friend is accused in a criminal case and she is presently subject to trial before Dubai Criminal Court and she might be sentenced to imprisonment. My question here is whether the court can imprison my friend despite the fact that she has got a one-month-old baby and has nobody to take care of him except the mother. Please advise.

 

Answer 1: I would like to clarify to the questioner that when the Criminal Court imposes the sentence of imprisonment on the accused lady, the court will not consider the issue of custody, and if the court finds that the accused is guilty, the latter will execute the sentence even if the court finds that the accused has a baby one month old. Therefore, in case the court decides on jail, the accused may request to keep the baby with her in jail. Such a request might be approved.

 

Labour Accident

Question 2: Questioner from Dubai asks: My husband works in a contracting company. A month ago, he sustained an work-related accident and he was taken to hospital for treatment. We have been advised by the hospital doctor to treat him outside the UAE, and therefore, I asked the company, where my husband works, for support and to pay for the treatment outside UAE as my husband had the accident due to the work. The company rejected this request saying stating that the labour law does not oblige the employer to pay the cost of treatment outside the UAE. Is this true? Please advise.

 

Answer 2: I would like to clarify to the questioner that unfortunately what is mentioned by the company is correct and the UAE Labour Law does not oblige the employer to provide treatment outside the UAE as per the article 144 which states: “That where a worker sustains an employment accident or contracts an occupational disease, the employer shall pay for the cost of his treatment in a local government or public medical centre until he recovers or until he is disabled. Treatment shall include residence in a hospital or sanatorium, surgical operations, expenditure on X-rays and medical analysis, the purchase of medicines and rehabilitation equipment and the supply of artificial limbs and other prosthetic appliances for any person who is declared disabled. In addition to what he supplies, the employer shall pay the cost of any transport entailed by treatment provided for the worker.”

Questions answered by advocate Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants