Question:
I own a company. My question is: what are the penalties that the employer is entitled to impose on the worker according to the Labour Law, and is it possible to impose more than one penalty on the worker at the same time?
Do I have the right to summon the employee from his leave for interrogation because of violations that I discovered during his leave? Please advise.
Answer:
To answer such question, I would advise the following:
Article 39 of the Labour Law states that:
(1). The employer or his representative may impose to the worker who violates the provisions of this Decree-Law, its Implementing Regulation and resolutions issued for its implementation, any of the following penalties:
a. Written notice;
b. Written warning;
c. Deduction of not more than (5) five days per month from the wage;
d. Suspension from work for a period not exceeding (14) fourteen days and non-payment of wage for the suspension days;
e. Deprivation from the periodic bonus for a period not exceeding one year, regarding the establishments that adopt the periodic bonus system and the worker is entitled to obtain it according to the provisions of the employment contract or the establishment’s regulations;
f. Deprivation of promotion at the establishments having a promotion system for a period not exceeding two years;
g. Termination of service while preserving the worker’s right of end of service benefits.
(2). Implementing Regulation defines the conditions, rules and procedures necessary for the imposition of any of the penalties referred to in Clause (1) of this Article and the mechanism of grievance thereof.)
You have the right to impose more than one penalty on the worker with consideration to the penalties above, but not for the same violation as per the rules stated in Article 41 of the law: (“It is not permissible to impose any disciplinary sanction to the worker for an action committed by him outside the workplace unless it is related to work. It is not permissible to impose more than one disciplinary sanction for a single violation, according to the provision of Article (39) hereof.”)
(3). As per the Dubai Human Resources law, the employer has the right to summon the employee from his annual leave and reinstate him to work if the interest of the work so requires. The Labour Law did not specify the case to summon the employee for investigation which, in our opinion, can be delayed if the interest of the work does not require so.
In the event that the employee is summoned, he must be compensated in cash for the remaining period of the leave which was not utilised because of the summons, or preserve it as a balance to his annual leave.
