Labor matters in United Arab Emirates are governed by the federal law number eight of year 1980 regulating the labor relations amended by the federal laws number twenty four of 1981, number twelve of 1986 and number fifteen of 1985. there are some special labor regulations that are thus related and applicable in some of free zones of United Arab Emirates. The partners in the business or the employees in the free zone have thus to maintain the disciplinary code
What is labor law and enforceability of the labor law
The labor thus implies for all the employees and the staff working in the country whether they are nationals or not and certain categories of the individuals are thus exempted from law. The categories thus include members of the police, armed forces and security units, workers and staff by the government, municipalities, local and federal public institutions, government departments of the country, public bodies, agricultural workers, domestic servants and the persons engaged in the grazing. The law is the federal one and thus applicable to all the federations of the country enforced by ministry. The litigations related to labor are adjudicated by the local and federal courts of the country but the disputes regarding the matter of labor must be referred first to ministry and if either of involved parties is thus unhappy with the decision of ministry and thus the matter does not resolve and cannot be settled, the dispute is then referred to the court by the ministry and within fourteen days from date when complaint was thus filed, either of the parties can revert to court directly.
Disciplinary code in the law
A disciplinary code has been maintained by the federal government of the country and all the employees are made aware of the disciplinary nature and code and thus if any employees is found to disrupt the law under any circumstances without any prior permission from the authorities, the person is thus liable to get the punishment and thus the disciplinary code is thus maintained within the country. The punishments may be severe accordingly, an employee may be suspended over a particular time period and thus fine could also be imposed on the employee, it can be in the way that money keeps deducting from the wages that are being given to the employee or the employee is thus deprived from the promotions which is thus depressing for the employee and there are certain boundaries and limitations also to the disciplinary code.
Nature of the Disciplinary code in the law
The law which thus provides the various measures of discipline, thus a representative or the employer may impose on the employees of business. The measures thus comprise of the warnings, suspension from work, fines, deprivation of promotion, postponement or prevention of the periodic allowances, termination of the service and forfeiture of all and thus termination of the service without payment and benefits. Starting from the warnings, the government thus have the criteria that every employee will be warned once for the mistake committed by the person, next time the wages will be deducted and the following next time the person can be rather suspended from the job is the matter is serious. While suspension from the work comes at a point when the employee is rather not fulfilling the terms granted by him and rather making false promises each and every time, the suspension thus comes at the critical point. There are many times that an employee is thus deprived of the promotion due to the mistake committed and this may give the moral degradation to the employee when a junior official becomes a senior for the employee. Coming back it can be also the postponement and the prevention of the periodic allowances and thus it may also be the termination of the services and forfeiture of all. The feature also comprise of the termination of the service without the payments and the benefits. The feature of termination and forfeiture of some or the employee's entire gratuity can thus not be imposed on the employee for any other reason other than mentioned in the article hundred and twenty of law. The ministry is thus advised to look at the severity of the mistake, the post of the employee and thus the punishment imposed on the employee.
What is the maximum fine that can be imposed on an employee
There are certain times when the fine can exceed up to the certain days wage of an employee or the fine amount is equivalent to a whole lot of money which can a few days wage for the employee. The rule thus states that the fine can not exceed more than the five days wage of the employee for a single violation and if the employee has more than one violation, the punishment can be more severe like suspension from the organization for a week or for a month. The rule also states that in a month, total fines can not exceed to the amount which is thus equivalent to the five day wages for the employee.
Depending upon the circumstances the fine can be deducted at a once or the fine can be deducted from the wages of the employee. Thus a special note book should be maintained by the organization which has all the specified notes in it which include the name of the employee, the circumstances or the reason involved, the wage of the employee and a special account should be kept for the fines imposed on the employees of the organization and at the end of the month or accordingly, the fine money can thus be used for the social welfare of the employees of the organization and the business.
For what period of time and how often can an employee be deprived from the promotions or the periodic allowances?
The federal government has thus made certain laws which thus says that the punishments which thus deprives the employee from the periodic allowances and the incentives given to the employee from the organization can not be imposed for more than once within a years time period on the employee and thus in addition, the incentives of the employee should not be postponed over more than half a year. It certainly depends on the severity of the mistake of the employee but the norms say that none of the employee can thus be deprived from more than one promotion. If the employee satisfies all the conditions which are thus necessary for the promotion, the employee punished can thus be promoted in the first succeeding opportunity and promoted further.
What are the conditions and limitations required by law pertaining to use of the disciplinary codes?
The disciplinary measures may not be imposed on the employee by the employer until and unless the following conditions are thus met. The conditions thus include that no disciplinary actions can thus be taken against an employee by the employer for the committed mistake outside the workplace until and unless the mistake is related to the work, the manager or the employer appointed for the work. The conditions also include that no more than a single punishment can be thus imposed on the employee for a single violation or a single mistake committed and the conditions also say that the punishment can not be thus accompanied by the deduction from the wages of the employee. In short, For a single there is either a punishment or deduction from the wages of the employee, no two fines can rather be imposed on the employee for a single mistake. The punishments that are thus detailed above can thus be imposed on the employee by the employer or the manager unless he or she in informed for the violation in the writing and thus the employee must be given the chance to defend her self or him self. The statement for the defense by the employee should be noted in the employee's file and the punishment thus imposed should also be detailed in the file. The conditions thus also include that the employee should be informed in the writing of the imposed punishment which would thus state the reason for punishment and the amount and the type of the punishment. The conditions thus also include that none of the employees can thus be accuse for the offense after the span of thirty days or rather a month and in the addition the conditions also specifies that no disciplinary action can thus be taken or imposed on the employee after a period or span of two months from end of investigation regarding violation and confirmation of the occurrence and thus the condition also include that the ministry should rather be informed for the violation in writing.
What are the conditions that can make an employee suspend from the work?
There are several causes that can make an employee suspend from his or her work. The conditions or the causes thus include the employee may be suspended temporarily by the employer or the manager of the organization when the employee is accused and found committing a mistake or a deliberate crime against the organization or the government. The deliberate crimes thus include property damage, physical assault, crimes of honor, financial crime or going in to the strike. The suspension should thus take effect from date by the authorities concerned and thus the authorities are informed of the incident and until the decision is taken by the authorities concerned regarding the incident, the employee is not allowed to work if he or she is under going in the suspension period. The other factors include that none of the employees are entitled for the wages if the employee is under going from the suspension period and when the verdict relives employee from the standing trial or acquits the employee, the employee should be rather reinstated in the work and thus full wage for whole of the suspension period. Thus it is always advisable for the ministry to have a record of the minutes of the meetings held with the employees and thus signed by both the parties and then submit it to the ministry when ever the need is there.
Discipline is regarded as the most important tool in the labor class in the several organizations in United Arab Emirates and thus when they appoint a disciplinary manager in their company, they thus need certain requirements. When we look at the position of the disciplinary manager and take an overview we get that the manager main aim is to maintain the discipline in the labor class as well as supervise one to three projects and one to four proposals depending on the size of the project and thus ensure the quality, provide the leadership, maintain the discipline and boost up the morale of the team members. Planning has to be done every time in a much disciplined manner and thus having the criteria of identifying the strengths and weakness of the team members, proviing administrative support for the department and thus also assist the manpower resources, preparation of the new procedures and standards and thus the organization's development in a planned and disciplined manner. Thus the manager has also the responsibilities for the maintenance of the quality and completion of the projects within with in time. Thus the responsibilities that are required for the disciplinary manager include facilitating and coordinating the recruitment processes, conducting regular technical interview which could thus potential new hires. The recruitment has to be done in a much professional and disciplined manner. The job also includes providing good guidance for the development of the organization and ensures that all the resources are being used efficiently and in a disciplined manner, establishing several criteria's for performance and develop competency with the team members in a disciplined way, organizing internal quality of the organization, providing guidance and advice to the experts to have the technical assurance. The main job is thus to maintain the discipline in the labor class.
Discipline is regarded as the most important in the organization and if it is violated certain disciplinary actions are taken which thus include termination of the contract with the employee, suspension of the employee for a month or more and many more actions may be taken depending upon the severity of the crime committed by the employee. Starting with the termination of the contract, it can thus be said that the employee contract can be thus terminated in these cases like when the two parties agreed to have the termination, the employee has not been fulfilled the conditions and not maintained the discipline within the organization. If the severity of the crime is more, the employee may be hand over to the police.
The conclusion is thus that the federal government wants to have and maintain the discipline within any government organization and any employee found of accusing or violating the rules and regulations of the organization, the employee is thus abide to have the disciplinary actions act upon himself or herself.
- Job vacancy, disciplinary manager at petrofac. (n.d.). Retrieved on May 14, 2010 from http://www.dubaijobfinder.com/dubai-uae-job-vacancies/jobs-in-dubai/discipline-manager-piping-at-petrofac-dubai-uae-job.html
- Labor law in the UAE. (n.d.). Retrieved on May 14, 2010 from www.zu.ac.ae/library/html/UAEInfo/.../UAELabourLaw.pdf
- Abu Dhabi: labor regulation. (n.d.). Retrieved on May 14, 2010 from http://www.zawya.com/Story.cfm/sidZAWYA20060711040738/SecIndustries/pagLegal/chnMiddle%20East%20Regulatory%20Analysis/objFE783C6C-5769-11D5-867D00D0B74A0D7C/