Law No. 14 of 2004 on the promulgation of Labour Law

طباعة
 
Section: Disciplinary Authority of the Employer (58-64)

  • Article 58 

    The Employer who employs ten or more Workers shall set penalty rules, including the violations and the disciplinary penalties, to be imposed on the Workers who commit such violations and the conditions and procedures on which such violations are imposed.
    The Minister may issue models for such disciplinary rules as per the nature of the Work in various sectors as guidance for the Employers to prepare their own rules.
    Such disciplinary rules and the amendments thereto shall be subject to the approval of the Department within a month from the date of their submission thereto, and they shall be deemed approved if this period expires without objection.
     
    The Employer shall post these rules at the place of Work to be perused by the Workers. The regulations shall only come into force upon the expiry of fifteen days from the date of publication.

  • Article 59 

    The disciplinary penalties which may be imposed on the Workers are:
    1. Notice, which shall be deemed achieved by a written letter to the Worker containing a notification of the violation he has committed, asking him not to repeat it and warning of a severer penalty in the event of repetition.
    2. Deduction from the Remuneration of the Worker for a period not exceeding five days for one violation.
    3. Suspension from Work, as well as non-payment of the Remuneration, for a period not exceeding five days for one violation.
    4. Suspension from Work without payment or with reduced payment pending the adjudication on the criminal charge attributed to the Worker and if the Worker is acquitted or if the charge against him has been dropped, the suspension shall be deemed as if it has never taken place and the Worker shall be paid his entitlements during the suspension period.
    5. Postponement of annual increment for a period not exceeding six months or non-payment thereof in the Establishments which maintain increment systems.
    6. Postponement of promotion for a period not exceeding one year in the Establishments which maintain promotion systems.
    7. Dismissal from Work with retention of the right to the end of service gratuity.
    8. 8. Dismissal from Work and non-payment of the end of service gratuity.

  • Article 60 

    It shall not be permitted for the amount to be deducted from the Remuneration of the Worker in execution of penalties inflicted on him and the reduction therefrom exceeds his Remuneration for five days per month. The Employer shall record the total penalties imposed upon the Worker in the register of penalties. The said register shall contain the name of the Worker, the amount of deductions and the reason for and the date of the penalty. The said register shall be subject to the inspection of the Work Inspection Authority. The total of the amount deducted from the Workers shall belong to the Authority specified by an order of the Minister. The order shall specify the manner of disposal of the deductions.

  • Article 61 

    The Employer may dismiss the Worker without notice and payment of the end of service gratuity in the following cases:-
    1. If the Worker assumes a false identity, alleges a nationality other than his or submits false certificates or documents.
    2. If the Worker commits a mistake which causes gross financial loss to the Employer provided that the Employer shall notify the Department of the mistake within twenty-four hours from the time of awareness thereof.
    3. If the Worker violates more than once the written instructions of the Employer concerning the safety of the Workers and the Establishment despite being notified in writing of the violation on condition that such instructions shall be written and posted up in a conspicuous place.
    4. If the Worker fails more than once to carry out his essential duties under the Employment Contract or this Law despite being notified in writing thereof.
    5. If the Worker discloses the secrets of the Establishment where he is employed.
    6. If the Worker is found during the working hours in a clear state of drunkenness or under the influence of a drug.
    7. If the Worker assaults the Employer, the manager or one of his supervisors in the workplace during the working day or by reason thereof.
    8. If the Worker repeats the assault on his colleagues in the workplace despite being warned in writing thereof.
    9. If the Worker absents himself from Work without legitimate cause for more than seven consecutive days or fifteen interrupted days in one year.
    10. If the Worker is convicted by a conclusive judgment in a crime of dishonour or dishonesty.        

  • Article 62 

    Where penalties are to be imposed upon violating Workers, the following matters shall be observed:
    1. The Worker shall not be accused of a violation after fifteen days of the Employer being aware of its commission, with the exception of the violations constituting criminal offences.
    2. The Worker shall not be penalized otherwise than for a violation directly related to the Work, whether committed during the Work and in its place or outside.
    3. The Worker shall not be penalized before being informed of the accusation against him and investigated in writing. The investigation may be oral in the case of minor violations, of which a notice or deduction of one day's Remuneration is prescribed in the penalties rules, provided that the report shall be recorded and filed in the Worker's special register.
    4. No more than one penalty shall be imposed on the Worker for a single violation.
    5. The disciplinary penalties, which the Employer is authorized to impose, may not be inflicted on the Workers except by the Employer, his authorized representative or the manager of the Establishment.
    6. A penalty may not be inflicted for an act not stated in the penalties rules.

  • Article 63 

    The Worker shall be notified in writing of the penalty imposed upon him. Such notification shall be published in a conspicuous place in the place of Work if he declines to receive the notification.
    A notice stating the Worker's penalty shall be sent to the Worker by a registered letter to his permanent address stated in the special file if he is absent from work.

  • Article 64 

    The Worker shall, prior to objecting to the penalty imposed on him before the competent court, file a grievance with the Employer, within seven days of being informed of that, whereupon the deciding on such claim shall be within seven days from the date of its submission. The expiry of this period without deciding on the claim shall be considered refusal thereof.  
    In the case of refusal of the grievance, or there being no decision thereon within the aforesaid period, the Worker may file a claim with the Department against the penalty levied on him within seven days from the refusal date.
    The Department shall decide on the Worker's grievance within seven days from its submission, and its decision shall be conclusive, and expiry of this period without deciding on the claim shall be considered refusal thereof.
    In exception of that, the Worker may object to the penalty of dismissal from Work before the competent court.  
    If it becomes clear to the court that dismissal of the Worker from the Work was arbitrary or in violation to the provisions of this Law, it shall decide either the cancellation of the dismissal penalty and return the Worker to the Work and order his entitlements due for the suspension period as an execution of this penalty or provide appropriate compensation to the Worker. The Remuneration and the other privileges during the suspension period as a result of this dismissal shall be included in the assessment of the said compensation.

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