I have worked in a company in Dubai for more than two years. Last month, my manager imposed a five-day salary cut because I was late coming to work. I was only informed verbally. Under the UAE labour law, does an employer have the right to impose such penalties? Does my employer has the right to impose such a penalty without investigation and a written notice with my acceptance?
Article 102 and Article 110 of Federal Law 8 of 1980 state:
Article 102: The disciplinary penalties that an employer or his representative may impose on the workers shall be as follows; A warning, a fine, suspension from work with reduce pay for a period not exceeding 10 days, forfeiture or deferment of a periodic increment, in establishment having an increment scheme, forfeiture or promotion, in establishments having a promotion scheme, dismissal without prejudice to severance pay and dismissal with forfeiture of all or part of the severance pay.
This penalty may only be imposed on the grounds expressly specified in Article 120 of this law
Article 110: None of the penalties prescribed in Article 102 may be imposed on a worker until after he has been notified in writing on a worker until after he has been notified in writing of the charge against him, his statements have been heard, he has been allowed to defend himself and the foregoing has been entered in a report placed in his personal file. The penalty shall be entered at the end of his report.
A worker shall be notified in writing of any penalties imposed on him and of the nature and amount thereof, the reasons for their imposition, and the penalty to which he will be liable in the event of a repetition of the offence
I have worked in a company for more than three years. Around three months ago, I suffered fractures and other injuries in a worksite accident. Since then I am undergoing treatment. Two weeks ago, the government hospital where I am receiving treatment issued a medical report stating that I have suffered more than 70 per cent disability and am not fit to work. Based on the report, the company terminated my services and decided to give me end-of-service gratuity. However, it rejected my claim for compensation for the worksite injury. The company said that as per the UAE labour law, the employee cannot combine end-of-service gratuity with compensation for occupational injury. Is this in conformity with the law? Is an employee entitled to claim higher compensation i.e. if the compensation for occupational injury is higher than the compensation of end-of-service?
Under the labour law, an employee who has suffered disability due to a worksite injury is entitled to combine the compensation for occupational injury and the end-of-service gratuity.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.