Saturday, 12 March 2016

Smoking colleagues and harassment? There are solutions

It should be noted that providing a good working environment is the basic responsibility of the employer. Article 94 of the Federal Law No. 8 of 1980 relating to Labour Relations (the 'Labour Law') states: "Without prejudice to the provisions of the regulations and orders issued by the competent government authorities, an employer shall ensure perfect cleanliness and ventilation in each workplace and shall provide each workplace with adequate lighting, drinking water and toilets."

Article 97 of the Labour Law states: "The Minister of Labour and Social Affairs may, after consulting the Minister of Health, by order prescribe the general precautions and health protection measures applicable to all establishments employing works, and, in particular, the measures relating to safety, lighting, ventilation, canteens, the supply of drinking water and water for washing, the elimination of any dust and smoke polluting the air, and the precautions to be taken against fire and electricity."

You may lodge a complaint with the senior management and or shareholders of your employer against such managers who smoke at the work place during working hours. It is the responsibility of your employer not to allow any employee to smoke in the working premises and the employer may post 'No Smoking' sign/boards within the premises.

Alternatively, your employer may exclusively provide a 'smoking zone' with all safety measures outside the working premises particularly in the resting area which allows the employees who wish to smoke may be doing so during the break period.

Further, Ministerial Order No. 28/1 of 1981 regarding Mode Disciplinary Code, A Guide to Employees in making Disciplinary Regulations Applied in Their Undertaking, an employee who smokes in his work place or in a place not allowed for smoking has to pay a penalty of one day's salary for first time offence, two days' salary for second time offence, three days' salary for third time offence and five days' salary as penalty for fourth time offence. In the case if repeated more than the fourth time, the employer may issue a warning notice and terminate such employer on disciplinary grounds.

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