An employer has the right to take various restrictive measures against the employee for their misconduct. The legal framework has multiple ways in which an employer can take actions against an employee like:

  1. Disciplinary penalties imposed by the employer.
  2. Dismissal from employment.
  3. Work abandonment (absconding) complaints.
  4. Labour bans restricting the issuance of a new work permit.

Disciplinary Penalties Under UAE Labour Law

The employer or their representative may impose the following penalties on a worker who violates the Labour Law or its implementing regulations:

  1. Written notice.
  2. Written warning.
  3. Deduction of wages (not exceeding five days’ wages per month).
  4. Suspension without pay for up to 14 days.
  5. Deprivation of periodic bonus for up to one year if such a system exists.
  6. Deprivation of promotion for up to two years if such a system exists.
  7. Termination of service while preserving the worker’s end-of-service benefits.

Even though the disciplinary penalties have been laid down by the law it cannot be imposed arbitrarily by the employer or any authorities. There are procedural safeguards that have been implemented before taking any disciplinary actions.

Employee Protections Before Disciplinary Action

Proportionality of Penalties – While considering the severity of the penalty the employer has the responsibility to make sure to understand the seriousness of the misconduct.

The employer must consider the following factors before deciding on imposing any of the penalties:

  1. Breach of work-related data or confidentiality.
  2. Impact on health and safety.
  3. Financial impact on the establishment.
  4. Damage to the establishment’s reputation.
  5. Abuse of entrusted powers.
  6. Repeated violations by the worker.
  7. Criminal or moral aspects of the conduct.

Written Procedures are required and they are:

  1. The worker must be notified in writing of the allegation.
  2. The worker’s explanation and defence must be heard.
  3. The investigation must be documented in the worker’s file.
  4. The worker must receive written notice of the penalty, its type, value and reasons.
  5. The worker must be informed of the consequences of repeated misconduct.

Time Limits – There should not be any accusation that is raised thirty days after the discovery of the violation. A penalty may not be imposed more than 60 days after completion of the investigation and confirmation of the violation.

Right to Grievance – The worker may file a grievance against the penalty, and the employer must respond. The worker cannot be harmed for filing the grievance.

If the employer has more than fifty workers, the must publicise complaint and grievance procedures accessible to workers and provide written responses within a defined timeframe.

Temporary Suspension of Employees

A worker can be suspended from the work if accused of any intentional crimes involving life, property, honour, honesty or participation in a strike. The suspension will continue until the competent authorities comes to a decision. If the worker is not prosecuted the worker must be reinstated and the full wages for the suspension period should be paid.

If the employer is conducting the disciplinary investigation, then the:

  1. Suspension may not exceed 30 days.
  2. The worker is entitled to half wages during the suspension.
  3. If no case is not proved, then the employer must pay the remaining wages.

Dismissal Without Notice

The employer may dismiss a worker without warning after a written investigation and a written, reasoned decision in the following cases:

  1. The employee impersonates another person or submits false certificates or documents.
  2. The employee causes material loss to the employer or deliberate damage to property.
  3. The worker violates of written workplace safety instructions after being informed of them.
  4. The employee persistently fails to perform basic duties despite investigation and two dismissal warnings.
  5. If the worker is drunk or under the influence of narcotics or psychotropic substances or commits an act that is contrary to public morals at work.
  6. The employee causes Verbal or physical assault against the employer, managers, superiors or colleagues.
  7. An absence without legitimate reason for more than 20 non-consecutive days or more than 7 consecutive days.
  8. If the employee illegally exploits the job position for personal benefits.
  9. If the employee is working for another establishment without complying with the applicable controls and procedures.

Absconding and Work Abandonment

An employee is generally considered to have absconded when they remain absent from work for seven consecutive days without a valid reason, acceptable excuse, or prior authorisation. Absconding is viewed as a serious breach of the employment relationship because it leaves the employer without notice regarding the employee’s whereabouts or intention to continue employment.

Where an employee cannot be contacted and remains absent without justification, the employer may file a work abandonment complaint with the competent authorities.

A complaint filed must be verified and reviewed before a ban is imposed.

When Can a One-Year Labour Ban Be Imposed?

  1. The worker terminates the employment contract during probation, provided the employer did not breach contractual obligations.
  2. A work abandonment complaint is proven valid.
  3. The worker’s permit was cancelled because the establishment was fictitious.

Exemptions from the One-Year Ban

  1. Workers sponsored under family residence visas.
  2. Workers applying for a new permit with the same establishment.
  3. Workers possessing professional skills or knowledge required in the UAE.
  4. UAE Golden Visa holders.
  5. Other occupational categories identified by ministerial decisions and labo ur classifications approved by the Cabinet.

How Is a Labour Ban Imposed?

The process of imposing a labour ban is:

  1. The employer files a labour complaint.
  2. MOHRE reviews the case.
  3. The authorities verify the validity of the complaint.
  4. Several review stages occur before a ban is imposed.

In the UAE, employers are empowered to take disciplinary action against employees for misconduct; however, such powers are balanced by procedural safeguards designed to protect workers’ rights. The law requires employers to follow due process before imposing penalties, suspending employees, or terminating employment. Employees are also entitled to challenge disciplinary measures through grievance procedures and are protected from arbitrary action. Understanding these rights and obligations is essential for both employers and employees to maintain a lawful and fair employment relationship.

We at Ayesha Aldhaheri Advocates & Legal Consultants, we regularly advise both employers and employees on UAE labour law matters. Our team provides practical legal guidance to ensure compliance with applicable laws while safeguarding the rights and interests of our clients.