Disciplinary penalties

According to the labour law, the disciplinary penalties that may be applied by an employer in the private sector or his representative to employees include:

1. Warning

2. Fine

3. Suspension with reduced pay for a period not exceeding ten days

4. Deprivation from or deferment of periodic bonus in establishments containing a system for such bonuses

5. Deprivation from promotion in establishments applying a system for such promotion

6. Dismissal from work without prejudice to the end of service gratuity

7. Dismissal from work and deprivation from the total end of service gratuity or a part thereof. Such penalty shall not be inflicted for reasons other than the ones mentioned exclusively in Article 120 of the Labour Law.

    

   Fines

   The fine may be a specific amount or an amount equal to the wage of the worker for a specific period. The fine prescribed for breach may not exceed the wage of five days. Furthermore, for the settlement of the fines imposed on the worker, a maximum amount equal to the wage of five days may be deducted from the wage of the worker per month.

Deprivation of the periodic allowance

The penalty of deprivation of the periodic allowance may only be imposed once per year. Such allowance may not be delayed for more than six months.

Deprivation of promotion

The penalty of deprivation of the promotion may not be imposed for more than one promotional cycle. The penalised worker shall be then promoted during the following promotional cycle should he meet the conditions necessary for such promotion.

Acts outside workplace and imposing more than one sanction

No disciplinary sanction may be imposed on the worker for an act perpetrated thereby outside the work place, unless such act is connected to the work, the employer or the manager responsible. Furthermore, it shall not be permissible to impose more than one sanction or combine any disciplinary sanction with the deduction of any part of the wage of the worker.

Notifying the employee of the penalty

It shall not be permissible to impose on the worker any of the sanctions set forth in Article 102 of Labour Law, unless after the notification thereof in writing with regards to charges made against him, after having heard the worker and the defence thereof investigated, and after having recorded the matter in a minutes deposited in his personal file. The sanction shall be noted at the end of such minutes. The worker shall be notified in writing of the sanctions imposed thereupon, the type and amount thereof, the causes of imposition and the sanction to be imposed in case of repetition.

Time limitation of the penalty

The worker may not be punished for an offence after 30 days of the discovery thereof. Furthermore, no disciplinary sanction may be imposed after 60 days from the date of finishing the investigation of the offence of which the worker is found guilty.

Temporary suspension of the employee

The worker may be suspended from work temporarily, if he/she is charged with deliberate commission of a crime against life, property, honour, honesty or of carrying out a strike. The suspension period shall commence on the date of the notification of the incident to the competent authorities until the issuance of a decision thereby in such regard. The worker shall not be entitled to his wage during the said suspension period. Should a decision be issued for the non-prosecution or the acquittal of the worker, the latter shall be reinstated. The worker shall be paid the full wage for the suspension period, should the employer apply such suspension on a false basis.

Standard disciplinary regulation

According to the ministerial decision no. 256 of 2010 on the statute and the disciplinary regulation, employers hiring 15 workers or more have to:

1. Make a disciplinary regulation, without prejudice to the provisions of labour law. They may use the disciplinary regulation issued by a ministerial decision for that purpose as guideline to set their own regulations.

2. Display the disciplinary regulation, after being approved by the Ministry of Human Resources and Emiratisation, in a visible area in workplace. The regulation has to be in Arabic and any other language known by the workers.

The disciplinary regulation lists conditions where disciplinary penalties are applied. Ministry of Human Resources and Emiratisation passed a resolution promulgating the standard disciplinary regulation of penalties to be a guideline for employers to create their own disciplinary regulations. Employers shall provide the competent labour department at Ministry of Human Resources and Emiratisation with the disciplinary regulation proposed to be applicable to the workers in their undertaking for approval by the said department before it is applied. Employers shall further have any such amendments approved by the said department, as they deem necessary to such regulation before these amendments come into force.

For more information, please read the Standard Disciplinary Regulation.