LABOR LAW U.A.E 12 What is the nature of the disciplinary code in the Law? The Law, which provides for various disciplinary measures which an employer or his representative may impose on the employees of the business. These comprise the following: Warnings. Fines. Suspension from work with a decrease in wages for not more than 10 days. The prevention or postponement of periodic allowances in establishments where such allowances exist. The deprivation of promotions in establishments where promotions exist. Termination of service without prejudice to the payment of all end of service benefits. Termination of service and the forfeiture of all or some of his gratuity. This punishment cannot be imposed for any reason other than those mentioned in Article 120 of the Law. The Ministry should be advised with regard to any of the above-mentioned measures being imposed. What is the maximum fine an employer can impose on his employee? A fine may be a fixed sum of money or an amount equivalent to the employee’s wage for a certain period. A fine for one violation can not exceed five day’s wages, and in any one month total fines can not exceed an amount equivalent to five day’s wages. If a fine is imposed, who should keep the money deducted from the employee’s wages? A fine imposed on an employee should be entered into a special register which states the reason or the circumstances involved, the name of the employee concerned and his wage. A special account should be kept for these fines, the monthly total of which should be spent on the social welfare of all employees of the business. How often and for what length of time can an employer deprive an employee of periodic allowances or promotions? Any punishment depriving an employee of his periodic incentives may not be imposed more than once within one year. In addition, an employee’s incentives should not be postponed for more than six months. Furthermore, no employee should be deprived of more than one promotion. The punished employee should be promoted in the first succeeding opportunity if he satisfies the necessary conditions. What are the limitations and the conditions required by the Law pertaining to the use of disciplinary codes? An employer may not impose any disciplinary measures on an employee unless the following conditions are met: No disciplinary action can be taken against an employee as a result of something he committed outside the place of work, unless it is related to work, the employer or the manager in charge of the work. No more than one punishment can be imposed for one violation. A disciplinary punishment cannot be accompanied with a deduction of part of the employee’s wages. None of the punishments detailed above can be imposed on an employee unless he is informed of his violation in writing and given a chance to defend himself. His statement and defence should be noted and written in his file, and the punishment imposed should be detailed. An employee must be informed in writing of the punishment imposed on him, stating its type and amount and the reason for the punishment. No employee can be accused of an offence after the lapse of 30 days of its discovery. In addition, no disciplinary action can be imposed after the lapse of 60 days from the end of the investigation regarding the violation and the confirmation of its occurrence. The Ministry should be informed of the violation in writing. Under what conditions can an employer suspend an employee from work? An employee may be temporarily suspended from work when he is accused of committing a deliberate crime such as physical assault, property damage, a financial crime, crimes of honour or going on strike. The suspension should take effect from the date the concerned authority is informed of the incident until a decision is taken by them regarding the incident. Further, an employee is not entitled to his wages during the suspension period. If the verdict relieves the employee from standing trial or acquits him, he should be reinstated in his work and given his full wage for the whole of the suspension period. Therefore, it is always advisable to take and record the minutes of meetings held with employees, which should be sIgned by both parties and submitted to the Ministry when necessary.
Posted on: Fri, 19 Dec 2014 21:11:56 +0000
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