every employee should
remember
Filed on January 8, 2019 | Last updated on January 8, 2019 at
07.19 am
Know these disciplinary
rules at workplace.
While
you work in the UAE, being well-informed about labour laws certainly helps. It
makes you aware about the office decorum that you need to follow.
Awareness
and understanding of the laws can go a long way in ensuring that you can steer
clear of any disciplinary action at the workplace. What's more, if you
are subjected to an unfair treatment by the employer, knowing the rules can
come to your aid.
DISCIPLINARY
RULES
Article
102
The
disciplinary rules that may be inflicted by the employer or the representative
shall be:
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.
Article
103
The
disciplinary rules shall determine the cases where each disciplinary sanction
set forth in the preceding Article shall be inflicted.
The
Minister of Labour and Social Affairs shall issue, by means of a decision
thereof, a model list of disciplinary rules and rewards to guide the employers
in setting their own rules in this regard.
Article
104
The
fine may be a specific amount or an amount equal to the wage of the worker for
a specific period. The fine prescribed with regards to one 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.
Article
105
Fines
imposed on workers shall be recorded in a special register along with the cause
and circumstances of imposition thereof as well as the name and wage of the
worker. A special account shall be allocated therefore and the monthly proceeds
thereof shall be used for the social welfare of the workers in accordance with
the decisions issued by the Minister of Labour and Social Affairs in this
regard.
Article
106
The
penalty of deprivation of the periodic allowance may only be imposed once per
year. Such allowance may not be deferred for more than six months.
Article
107
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 necessary conditions for such
promotion.
Article
108
The
financial differences from the deprivation of the promotion or allowance or the
deferment thereof, of which the employer shall benefit, shall be registered in
a special register along with the cause and circumstances of the imposition as
well as the name and wage of the worker. A special account shall be allocated
and the monthly proceeds thereof shall be used for the social welfare of the
workers in accordance with the decisions issued by the Minister of Labour and
Social Affairs in this regard.
Article
109
No
disciplinary sanction may be imposed on the worker for an act perpetrated
thereby outside the workplace, unless such act is connected to the work, the
employer or the responsible manager. 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 in accordance with the
provision of Article 61 hereof.
Article
110
It
shall not be permissible to impose on the worker any of the sanctions set forth
in Article 102 unless after the notification thereof in writing with regards to
charges made against him, after having heard the worker and the defence
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 recidivism.
Article
111
The
worker may not be accused of a disciplinary offence after thirty days of the
discovery thereof. Furthermore, no disciplinary sanction may be imposed after
sixty days from the date of the end of the investigation in the offence of
which the worker is found guilty.
Article
112
As
amended by Federal Law no. 12 dated 29/10/1986:
The
worker may be temporarily suspended from work upon the charging thereof of a
deliberate 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 and 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 and paid the full
wage for the suspension period, should such suspension be arbitrary from the
employer.
Source: UAE Ministry of Labour
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