The worker may not be penalized without investigation

“Human Resources”: Administrative penalties fall under “the statute of limitations”

The Ministry of Human Resources and Emiratisation confirmed that no disciplinary penalty may be imposed on any worker in a facility affiliated with the private sector, except after investigation with him and informing him in writing of what is attributed to him, hearing his statements, investigating his defense, and proving this in a report deposited in his private file and indicating the penalty at the end of this The report, explaining that the worker must be informed in writing of the penalties he has incurred, their type and amount, the reasons for inflicting them, and the penalty he will face in case of return.

And the ministry stated, in indicative publications on Federal Decree Law No. (39) of 2021, regarding the regulation of labor relations, which it broadcast on its official pages on social media platforms, that the worker may not be accused of a disciplinary offense that has been exposed for more than 30 days, and it is not permissible to sign A disciplinary or administrative penalty shall be imposed on him more than 60 days after the completion date of the investigation of the violation and its confirmation against the worker.

The ministry has identified six main controls and standards that allow employers to impose disciplinary penalties on workers, stressing the importance of the employer taking into account when imposing any administrative penalty, and determining the appropriate penalty according to the gravity and seriousness of the committed violation.

The ministry stated that the list of criteria for imposing disciplinary sanctions includes “the extent of breach of confidentiality of data and information related to work, the impact of the violation on the health and safety of the worker or workers in the facility, the financial impact of the violation, the impact of the violation on the reputation of the facility and its workers as a result of committing the violation, exploitation of the worker.” The violator of the authority entrusted to him, the percentage of the worker’s repetition of violations of all kinds, and the presence of a penal or moral part in the violation committed.

The Ministry stressed the need for the employer to draw up a list of penalties, explaining each of the disciplinary penalties set forth in Article No. (39) of the Federal Decree-Law on regulating the work relationship, pointing out that the employer or his representative may sign the violating worker any of the Seven types of penalties contained in the decree-law, which are: “written attention, written warning, deduction from wages not exceeding five days’ wages per month, suspension from work for a period not exceeding 14 days, non-payment of wages for days of endowment, deprivation of periodic increment.” For a period not exceeding one year (for establishments that adopt the periodic bonus system, and the worker was entitled to them), deprivation of promotion (in establishments where there is a promotion system), for a period not exceeding two years, dismissal from service while preserving the worker’s right to an end-of-service gratuity ».

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