People challenges
MEA Employment Predictions 2024: KSA Labour Law Amendments
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People challenges
The UAE has published a new UAE Federal Mental Health Law replacing legislation from 1981, with the effective date set for 30 May 2024. This new law is designed to oversee the treatment and safeguarding of rights of psychiatric patients. However, the law also impacts the dynamics between employers and employees dealing with mental health challenges. We outline the key points distilled from the legislation in our article below.
The Mental Health Law applies to individuals classified as Psychiatric Patients, encompassing those experiencing disturbances in thinking, mood, behaviour, perception, memory, and/or other mental abilities that significantly impact social, employment, or educational functions or lead to psychiatric suffering. These disorders align with recognised psychiatric classifications by international organisations and bodies. Notably, each Emirate is mandated to establish a dedicated committee tasked with monitoring and ensuring the protection of patient rights.
Article 9 of the Mental Health Law outlines the general rights of psychiatric patients within the employment sphere, emphasising:
Paragraph 5 of Article 9 prohibits employers from imposing work restrictions or terminating employment based solely on a mental disorder, unless supported by a report from a specialised medical committee. This provision introduces a notable shift in employer-employee dynamics regarding mental health considerations raising questions about alignment with existing UAE Labour Law provisions, particularly concerning termination rights following exhaustion of sick leave entitlements.
Article 9 further contains an obligation on employers to maintain strict confidentiality regarding a patient's mental health information, safeguarding their privacy and dignity in the workplace.
When considering the Mental Health Law, employers may wish to consider the following additional workplace impact points:
These additional workplace impact points emphasise the importance of proactive measures, support systems, and compliance monitoring to create a mentally healthy and legally compliant work environment in light of the new Mental Health Law.
The Mental Health Law imposes a spectrum of penalties for violations of the law, including potential imprisonment and fines ranging from AED 50,000 to AED 200,000 per breach. While the potential penalties are clear, the effective enforcement and application of these measures rely heavily on the forthcoming Implementing Regulations. These regulations, which are expected to be issued within a year of the law being published, are expected to provide detailed guidelines, procedures, and mechanisms for enforcing the Mental Health Law. Key aspects that stakeholders anticipate clarification on include:
Beyond its impact on employers and employees, the Mental Health Law also addresses crucial aspects of healthcare, including:
Medical professionals, healthcare facilities, and employers must familiarise themselves with the nuances of this legislation to ensure compliance, protect patient rights, and foster a supportive environment for individuals grappling with mental health challenges.
This overview underscores the significance of the UAE's new Mental Health Law in reshaping legal and ethical standards pertaining to mental health care and employment practices within the country.
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