Comprehending the rights of labour is very important for better living in UAE.
Below are some disciplinary rules inflicted upon employees by employers in accordance with ARTICLE 102.
Following are the penalties imposed on employees:
- Dismissal from service
- Dismissal from service but enjoying benefits until the end of service
- Suspension from work with deduction in pay for not more ten days
- Deprived of promotion where promotion system is applied
- Forfeiture of increment
As stated by ARTICLE 103, the infliction of disciplinary sanction assigned in the preceding article shall be with reference to disciplinary rules in each case.
With respect to disciplinary rules, ARTICLE 104 highlights the fine which bears a specific amount or amount that is equal to the wage of labour for a specified period. It further prescribes the fine in relation to one breach may not exceed the wage of five days. Furthermore, the maximum amount equal to the wage of five days may be deducted from the wage of the worker per month in case of settlement of the fines imposed on the workers.
As per ARTICLE 105, a special register is maintained for recording the fines imposed on workers accompanied by reasons and circumstances of imposition thereof, also mentioning the name and wage of the worker.
With reference to ARTICLE 106, the law justifies that the penalty of deprivation of allowance shall be practiced only once a year. Such amount shall not be adjourned for more than a period of six months.
The penalty of deprivation of promotion shall not be charged for more than one promotional period in accordance with ARTICLE 107. The penalized worker shall be promoted in the following promotional cycle, provided that the necessary requirements are fulfilled.
With context to ARTICLE 108, a special register mentioning the financial differences due to the deprivation of promotion or allowance or the deferment thereof, from which the employee shall benefit, shall be maintained along with cause and circumstances of imposition along with the name and wage of a worker.
However, no action will be taken against the employee if offenses conducted are outside the workplace as per ARTICLE 109 . Furthermore, only one punishment shall be imposed by the authorities for the single violation.
All violations must be presented in implied form along with all the documentations.
Furthermore, it is not permitted to impose more than one sanction or any disciplinary sanction with the deduction of any part of wage in accordance with provisions of ARTICLE 61 hereof.
With relevance to ARTICLE 110, any of the sanctions set forth in ARTICLE 102 are not allowed to be imposed on any worker unless after the notification is received in writing with regard to charges made against him, after the worker has been given the opportunity of being heard and the defence thereof investigated and having hem recorded in the minutes deposited in personal files.
The worker must be communicated in writing about the sanctions imposed thereupon, the reasons of charges, any the type and amount thereof, the sanction to be imposed in case of relapse.
After thirty days of discovery of disciplinary offense, the worker may not be accused of the said as directed by ARTICLE 111. Furthermore, the imposition of disciplinary sanction shall not be allowed after sixty days from the date of the end of investigation related to the offense of which the person was guilty.
Workers involved in the deliberate crime such as Crime against Life, Property, Honour, Honesty, or of carrying out a Strike shall be charged to temporary suspension from work as per ARTICLE 112.
Such suspension period shall start from the date of notification of the incident to the proficient authorities and the issuance of a decision in this regard. He worker shall not be allowed to wage during this period. If the decision is issued for exoneration or non-prosecution, the said culprit shall be reinstated and wage shall be paid to him.