New UAE Labour Law: All the disciplinary actions your employer can take against you
From written notices to temporary suspension of work, these are the legal steps
Dubai: Being indisciplined at work or breaching terms of your employment contract can, as per the UAE law, lead to strict action being taken by your employer. With a new Labour Law coming into effect from February 2, 2022, Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations will stipulate exactly how companies can approach any misbehavior from an employee in a systematic and fair manner.
Three articles in the new law – Article 39, 40 and 41 – look at various aspects of the actions that a company may take against an employee. While Article 39 looks at the systematic way in which companies can take steps that range from less to more severe, Article 40 stipulates the conditions governing temporary suspension from work. Article 41 looks at what the law says when an employee may have committed an action outside the workplace, which may face disciplinary action.
Here is a detailed look at what the law says:
Article (39) Disciplinary Sanctions
1. The employer, or his representative, may impose any of the following sanctions on any worker who violates the provisions of this Decree-Law and its executive regulations and implementing resolutions:
a. Written letter to draw attention.
b. Written notice (warning).
C. Deduction of a maximum of five days in a month from the wage. Suspension from work for a period not exceeding 14 days and denial of wage during suspension.
e. Denial of periodic increments for a maximum of one year, where establishments have periodic increment systems in place, and the worker is entitled thereto pursuant to the provisions of employment contract or the establishment bylaws.
f. For establishments having promotion system in place, denial of promotion for a maximum of two years.
g. Dismissal with payment of severance pay.
2. The Executive Regulations shall determine the conditions, controls and procedures necessary to impose any of the sanctions referred to in paragraph (1) above, and the relevant grievance mechanism.
Article (40) Temporary Suspension From Work
1. The employer may temporarily suspend the worker for a maximum of 30 days, in order to undertake a disciplinary investigation if the interest of investigations so requires. The worker shall be suspended and paid the half wage during suspension period. If the investigation is dismissed, or the violation is not established or the worker is sanctioned by warning, the worker shall be entitled to his Wage for the suspension period.
2. The employer may temporarily suspend the worker from work if he is accused of an offence against life, property, honour or honesty, pending a final decision by the competent judicial entity, and his pay shall be suspended during the suspension period. In the event of issuance of a decision not to bring the worker to trial, or if the worker is acquitted for non-commission of felony or the investigation is dismissed for lack of proof, the worker shall return to his work and be paid all his suspended wages.
Article (41) Certain Controls For Imposing Disciplinary Sanctions
1. A worker may not be charged with a disciplinary sanction for an act committed outside the workplace, unless such act is related to the work.
2. Only one disciplinary sanction may be imposed in respect of one violation, in accordance with the Article (39) hereof.