When you sign an employment contract to work in the UAE, there are six disciplinary rules as per Labour Law that you need to know familiarise yourself with.
They are as follows:
Article 102 of Labour Law - the kind of disciplinary rules that may be inflicted by the employer or the representative thereof shall be:
- Warning
- Fine
- Suspension with reduced pay for a period not exceeding ten days
- Deprivation from or deferment of periodic bonus in establishments containing a system for such bonuses
- Deprivation from promotion in establishments applying a system for such promotion
- Dismissal from work without prejudice to the end of service gratuity
- Dismissal from work and deprivation from the total end of service gratuity or a part thereof. Such penalty shall not he inflicted for reasons other than the ones mentioned exclusively in Article 120 hereof (below).
Article 120 - The employer may dismiss the worker without prior notice in any of the following cases:
a - Should the worker assume false identity or nationality, or submits false certificates or documents.
b - Should the worker be appointed under probation, and the dismissal occur during or at the end of the probation period.
c - Should the worker commit an error resulting in colossal material losses to the employer, provided that the Labour Department is notified of the incident within 48 hours of the knowledge of the occurrence thereof.
d - Should the worker violate the instructions related to the safety at work or in the work place, provided that such instructions be written and posted in a prominent location, and that he is notified thereof should he be illiterate.
e - Should the worker fail to perform his main duties in accordance with the employment contract, and fail to remedy such failure despite a written investigation on the matter and a warning that he will be dismissed in case of recidivism.
f - Should he divulge any of the secret of the establishment where he or she works.
g - Should he or she be convicted in a final manner by the competent court in a crime of honour, honesty or public ethics.
h - Should he or she be found in a state of drunkenness or under the influence of a narcotic during work hours.
i - Should he or she assault during the work the employer, responsible manager or co-worker.
j - Should he be absent without valid cause for more than twenty non-consecutive days in one year, or for more than seven consecutive days.
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 Labor 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 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 109 - 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 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 defense thereof investigated, and after having recorded the matter in 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 repeat offence.
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 defense thereof investigated, and after having recorded the matter in 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 repeat offence.
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.
