1. What is the nature of the disciplinary code in the UAE Federal Law?
Yes, there is a disciplinary code in the UAE Federal Labour law which provide for the provision of disciplinary measures which any employer or his representative may impose upon his employees. They are as follows:
Warnings
Fines
Suspension from work with a decrease in wages for not more than 10 days.
The prevention of periodical allowances or the postponement of in establishments where such allowances exists.
The deprivation of promotion in establishments where promotions exist.
Termination of service without prejudice to the payment of all end of service benefits.
Termination of service and the forfeiture of all or some of his gratuity. This punishment shall not be imposed for any reason other than those mentioned in Article 120 of this law.
Fines
Suspension from work with a decrease in wages for not more than 10 days.
The prevention of periodical allowances or the postponement of in establishments where such allowances exists.
The deprivation of promotion in establishments where promotions exist.
Termination of service without prejudice to the payment of all end of service benefits.
Termination of service and the forfeiture of all or some of his gratuity. This punishment shall not be imposed for any reason other than those mentioned in Article 120 of this law.
2. What is the maximum fine an employer can impose on his employee?
A fine may be a fixed sum of money or an amount equivalent to the employee's wage for a certain period. A fine for one violation shall not exceed 5 day's wages, and indeed in any month total fines shall not exceed an amount equivalent to 5 day's wages.
3. If a fine is imposed, who should keep the money deducted from the employee's wages?
A fine imposed on an employee shall be entered in a special register giving the reason or the circumstances, name of employee and his wage. A special account shall be kept for these fines, the monthly total of which shall be spent on social welfare for the employees.
4. How often and for what length can an employer deprive an employee from the periodical allowances or promotion.
Any punishment depriving an employee of his periodical incentives may not be imposed more than once within one year. His incentives shall not be postponed for more than six months.
Further, no employee shall be deprived of more than one promotion. The punished employee shall be promoted in the first succeeding opportunity if he satisfies the necessary conditions.
5. What are the limitations and the conditions required by the law pertaining to the use of disciplinary codes?
The employer may not impose any disciplinary measures on the employee unless the following conditions are met:
No disciplinary action shall be taken against any employee because of something he committed outside the place of work unless it is related to work, the employer or the manager in charge of the work.
No more than one punishment shall be imposed for one violation. A disciplinary punishment shall not be accompanied with deduction of part of the employee's wages.
None of the punishment provided for referred to here above shall be imposed on a employee unless he is informed of his violation in writing and given a chance to defend himself. His statement and defense shall be noted and written in his file, and the punishment imposed shall be spelled out at the end of the said note.
An employee must be informed in writing of the punishment imposed on him, stating its type and amount, the reason thereof and the punishment he shall be subject to in case of recurrence.
No employee shall be accused of an offense after the lapse of 30 days of its discovery. No disciplinary action shall be imposed after the lapse of 60 days from the end of investigation regarding the violation, and the confirmation of its recurrence.
No more than one punishment shall be imposed for one violation. A disciplinary punishment shall not be accompanied with deduction of part of the employee's wages.
None of the punishment provided for referred to here above shall be imposed on a employee unless he is informed of his violation in writing and given a chance to defend himself. His statement and defense shall be noted and written in his file, and the punishment imposed shall be spelled out at the end of the said note.
An employee must be informed in writing of the punishment imposed on him, stating its type and amount, the reason thereof and the punishment he shall be subject to in case of recurrence.
No employee shall be accused of an offense after the lapse of 30 days of its discovery. No disciplinary action shall be imposed after the lapse of 60 days from the end of investigation regarding the violation, and the confirmation of its recurrence.
6. Under what conditions can an employer suspend an employee from employment?
An employee may be temporarily suspended from work when he is accused of committing a deliberate crime such as physical assault, or financial crime, crimes of honour, or going on strike.
The suspension shall take effect from the date of informing the concerned authority of the incident until a decision is taken by these authorities regarding that incident. An employee shall not be entitled to his wages during the suspension period. If the verdict relieves the employee from standing trial or acquits him. He shall be reinstated in his work and given his full wage for the suspension period if his suspension was a malicious act by the employer.
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