Can UAE employers require staff to be vaccinated?

There have been some policy and regulatory updates to encourage companies to get their employees to take the vaccine. However, there is no law in the UAE requiring vaccination, or regulating whether or not an employer can impose a vaccination requirement as a condition of employment.

Whether and to what extent an employer can encourage staff to take the vaccine will always depend on the particular circumstances of the company. In particular the company's sector, the nature of the business, exposure to the public, the office arrangements and, of course, the particular role of the employee are some of the most important features to consider when developing any internal policies on this very sensitive and important topic.

Soft compulsion

There is no UAE federal law requiring vaccination. The Ministry of Health and Prevention (MoHAP) has also confirmed that vaccination is not mandatory.

However, in Abu Dhabi, a number of government circulars have been issued to both public and private sector employers as 'soft' encouragement to employers to require staff to take the vaccine. Last month, the Abu Dhabi Department of Economic Development (ADDED) extended a requirement for employers to ensure staff get a PCR test weekly from public sector to all employers. Employees who have received both doses of their chosen vaccine are exempt from the weekly test requirement. The cost of PCR testing can, but does not need to be, covered by the employer. This requirement could be expensive for employees who choose not to receive a free vaccine.

The requirement to have a weekly PCR test does not currently apply to staff who are working from home and not attending office premises and mixing with other colleagues. Fines for non-compliance start at AED 2,000 (approx. $554) and are applied against the employer, not the individual employees.

Protecting health and safety

Every UAE employer is subject to a legal duty to protect the health and safety of their employees while at work. They are also subject to regional laws requiring them to prevent the spread of communicable diseases, including Covid-19.

Similarly, employees are subject to legal duties to abide by reasonable instructions issued by the employer for the purposes of health and safety.

Whether or not a request by an employer for an employee to be vaccinated is a 'reasonable instruction' will depend on a range of factors including the nature of the workplace, the type of work and the individual employee's circumstances. For example, an instruction requiring employees working in healthcare settings, or in close contact with the public, to be vaccinated is more likely to be reasonable given the risks associated with this kind of work.

Where a vaccination requirement is reasonable, but an employee refuses to be vaccinated, employers will have to carefully consider the reasonableness of the refusal. There could be the risk of a discrimination claim where the employee's reason for not receiving the vaccine is connected to an underlying disability or health condition, pregnancy or religious beliefs.

However, there will be scenarios in which employers can treat staff differently depending on their vaccination status. Vaccinated staff may be given particular duties or invited to travel or participate in particular activities depending on the nature of the business. It may also be reasonable for partner organisations, particularly government entities, to impose a vaccination requirement on staff who are outsourced or work in close contact with them.

Encouraging vaccination

On a practical level, there are a number of actions that employers can take to encourage their staff to be vaccinated and to make it as easy as possible for them to attend.

Some employers have arranged for groups of staff to receive the vaccine in their place of work. Where this is not practical employers could allow staff to attend their vaccination appointment during the working day, or provide an afternoon's paid leave to attend both appointments and, potentially, recover from any side effects.

Employers should also consider using internal communications channels to raise awareness of the benefits of vaccination and any associated workplace policies, for example with regards to time off.