The 2010 Football World Cup kicks off on 11 June 2010 and the hype surrounding it is reaching all corners of the world, including the UAE. It is likely that your workplace will have at least one football fan among its staff. Your employees' dedication to the beautiful game may result in increased sick days and lost productivity.

This article sets out the key areas that employers should look at when managing the impact of World Cup fever on their businesses. If managed properly, the World Cup may provide employers with an opportunity to boost team morale, through flexibility, whilst ensuring that business disruptions are minimised.

Throughout this article there are references to the DIFC Labour Law (DIFC Law No. 4 of 2005), which applies to employment relationships in the DIFC, and the UAE Labour Law (UAE Law No. 8 of 1980, as amended), which applies to the remainder of the UAE.

Absenteeism

Whether due to the effects of excessive alcohol consumption or matches taking place during working hours, employee absenteeism is likely to increase during the World Cup. If an employee wishes to take time off to watch matches, he/she should request annual leave in the normal way. Before the World Cup starts, employers may wish to remind employees that if they want time off work they will need to request it in advance, and that such requests will be assessed on a first come first served basis in line with business needs.

Problems can arise, however, if an employee takes unauthorised leave or phones in sick. In accordance with Article 120 of the UAE Labour Law, if an employee is absent from work without a valid reason for more than 20 non-consecutive, or 7 consecutive, days, his/her employer may terminate his/her employment without notice or payment of end of service gratuity. The DIFC Labour Law does not contain an equivalent provision. Articles 57(3) and 60(4) of the DIFC Labour Law suggest that an employer will have cause to summarily dismiss an employee for misbehaviour where the "employee's conduct warrants termination and where a reasonable employer would have terminated the employee". It is likely that if an employee is absent for an extended period of time without good cause, the employer may consider the employee to have abandoned the employment relationship and, therefore, summarily terminate the employment. Ideally, the employer's disciplinary policy and procedure should cite such conduct as an example of gross misconduct, which, if established, will lead to summary dismissal. In any case, before doing so the employer would be advised to take steps to ascertain the circumstances surrounding the employee's absence. Further, any dismissal, in any case, should be handled in accordance with the employer's disciplinary rules and procedures. Whilst an employee cannot claim unfair dismissal in the DIFC, if an employee disputes the basis upon which he/she was dismissed without notice, he/she may seek to claim the end of service gratuity which would otherwise be payable to him/her.

With matches due to start at 15:00, 18:00 and 22.30 (UAE time), it is more likely that World Cup related absences will take the form of employees leaving work early or coming in late. If such absences are unauthorised they may be met with disciplinary action, in accordance with the employer's disciplinary policy and procedure and the relevant labour law.

Some employees may phone in sick in order to watch a match or recover from the effects of the previous night's celebrations or commiserations. Article 82 of the UAE Labour Law states that if an employee contracts an illness, he/she must report that illness to his/her employer within a maximum of two days, following which the employer shall take the necessary steps to have him/her medically examined to verify his/her illness. Article 32 of the DIFC Labour Law requires an employee to notify his/her employer of his/her illness and, if required by the employer, provide a medical certificate in respect of his/her absence. If an employee takes sick leave but is not genuinely sick, it may be regarded as a form of misconduct and should be met with disciplinary action. The DIFC Labour Law prohibits discrimination on the grounds of, among other things, mental or physical disability. Accordingly, an employer should always try to ascertain the circumstances surrounding an employee's absence instead of assuming that it is disingenuous.

If an employee submits a fraudulent medical certificate he/she may be summarily dismissed under Article 120 of the UAE Labour Law. As noted above, there are no prescribed circumstances in which an employer may summarily dismiss an employee under the DIFC Labour Law. However, it is likely that, if such conduct is established, a reasonable employer would do so. Again, the employer's disciplinary policy and procedure should, ideally, cite such conduct as an example of gross misconduct. It should be noted that forging a document is a criminal offence under the UAE Penal Code, as is the failure to report an offence that has been committed.

It is important that employers have reliable systems for recording sickness absence and clear, communicated, procedures in place. Employees may be discouraged from "pulling a sickie" if they are advised that absences during the World Cup will be subject to greater scrutiny.

Work Time Organisation

Some employers may choose to minimise the risk of unauthorised absences by rearranging working times in order to accommodate those keen to watch the World Cup. Whilst there are no specific laws in the UAE prohibiting an employer from rescheduling working hours, regard should be had to the limits on working time and rest entitlements set out in the applicable labour law.

Unless the contract of employment allows the employer to unilaterally change working times, we recommend that all parties agree, in writing, before any variations are introduced. Documenting such agreement will also help to minimise the risks of an employee claiming statutory overtime pay in respect of rearranged hours worked outside their normal contractual hours.

Such an approach may, of course, lead to discontent among employees who do not share an interest in football and, perhaps, do not have their interests or hobbies catered for in the same way. In the DIFC, where there are specific statutory provisions prohibiting discrimination, there is a risk that adjusting working time in this way may be seen as discriminatory against women or employees of a particular nationality.

Internet Use

Employees may choose to follow the action on-line and participate in post and pre-match discussions by email or on social networking sites. Such personal use of an employer's IT system may prove distracting for some employees and, therefore, impact upon productivity.

Many employers will already have comprehensive IT policies in place, restricting personal use and access to certain websites. Some employers may wish to monitor such use by filtering internet use and e-mails. In order to avoid any allegations of breach of confidentiality, contrary to the UAE Penal Code, unless such monitoring is already provided for in the employer's contract of employment or policies, we recommend that, before such measures are introduced, employees are notified accordingly and their consent to such monitoring is obtained. Employers may also choose, in the case of employees who do not require internet access to carry out their duties, to block access to the internet until scheduled break times or to block access to non-work related websites.

Intoxication Whilst on Duty

Some employees who over indulge may come into work the following day whilst still under the influence of alcohol. Such intoxication whilst on duty can have obvious repercussions for performance and workplace health and safety.

Allowing someone to attend work under the influence of alcohol is prohibited under the UAE Labour Law and Article 120 provides that an employer may dismiss an employee without notice, or payment of end of service gratuity, if he/she is found in a state of drunkenness at work. As is noted under "Absenteeism" above, whether such conduct justifies summary dismissal in the DIFC is a question of assessment in each case. Ordinarily an employer's disciplinary policy and procedure would state that attending work under the influence of drugs or alcohol will result in summary dismissal, particularly in the UAE where alcohol consumption is tightly regulated.

Using a breathalyser and getting a positive result would obviously corroborate an employer's suspicion. There is nothing in the UAE Labour Law or the DIFC Labour Law that allows or prohibits the use of breathalysers in the workplace. Whilst an employer cannot force an employee to take a breathalyser test, if an employee refuses to do so it would not be unreasonable for an employer to proceed with a disciplinary procedure on that basis. Such testing may be particularly useful where an employee's role involves the use of heavy machinery, driving or work which may injure others.

The UAE has a zero tolerance policy on drink driving and, therefore, employers would be advised to prohibit any employees who drive in the course of their duties from doing so if it is suspected that they are under the influence of alcohol.

Football Hooliganism

Article 109 of the UAE Labour Law states that an employer may not impose a disciplinary penalty upon an employee in respect of any act committed outside the workplace, unless such act is connected with the work, the employer or the responsible manager. However, Article 120 of the UAE Labour Law states that an employer may dismiss an employee, without notice or payment of end of service gratuity, if the employee is convicted of an offence involving honour, honesty or public morals.

The DIFC Labour Law does not provide any guidance on this issue. It is likely that an employer will not be justified in holding an employee accountable for conduct which takes place outside working time, unless the employee's conduct is connected to his/her work, brings the employer's reputation into disrepute or the employee is charged/convicted of a criminal offence. Ideally, in order to dismiss an employee on this basis, the contract of employment should specify that such action will be treated as misconduct and may lead to dismissal.

Gambling & Office Pools

In some jurisdictions it is common during sporting events such as the World Cup, for employers to conduct office pools at the workplace, whereby employees can place bets with the chance to win the entire pot of money. Gambling is strictly prohibited in the UAE, irrespective of where it takes place, and, therefore, employers are advised to ensure that their managers prevent the establishment of any office pools. Employers may also wish to issue a communication to all staff, before the World Cup starts, highlighting that gambling is illegal in the UAE and will not be tolerated. This prohibition could also be incorporated in the employer's Code of Conduct or disciplinary procedures, a breach of which would entitle the employer to take disciplinary action against the employee.

An employer may be held liable, under the UAE Penal Code, if it turns a blind eye and does not report gambling which takes place on work premises.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.