Legal action against employee in the UAE is a process defined by the UAE Labour Law to ensure that employers and employees adhere to a fair and lawful framework when dealing with workplace misconduct.
This article overviews the legal provisions and introduces the services offered by Al Mulla Lawyers to help businesses effectively navigate these regulations in 2024.
Contact Al Mulla Labor Lawyer in Dubai. Click the WhatsApp icon below or go to the Contact Us page. Locations: Dubai, Abu Dhabi and Ras Al Khaimah.
Table of Contents
Legal Action Against Employee UAE
In the UAE’s private sector, legal action against workers is a structured process governed by the UAE Labour Law.
Employers must adhere to specific procedures and regulations to ensure fair and lawful disciplinary actions.
- Disciplinary Penalties: The law outlines various penalties for employee misconduct, including written notice, written warning, wage deduction, suspension without pay, deprivation from periodic bonus, deprivation from promotion, and termination of service.
- Investigation: Before any disciplinary sanction is imposed, an investigation is mandatory. This ensures that the employee has the opportunity to present their case.
- Grievance and Appeals: Employees can file a grievance if they believe the disciplinary action is unjust. The grievance process must be clearly outlined in the company’s work regulations.
- Work Regulations: Companies must have detailed work regulations that include employment termination procedures, work instructions, promotions and rewards, daily working hours, weekly rest days, official holidays, work injuries, fire hazards, and temporary suspension policies.
- Suspension Period and Wage Entitlement: An employee may be suspended during a disciplinary investigation. During suspension, the suspension period and wage entitlement must comply with legal standards to avoid unlawful deductions or wrongful suspension.
Learn more about whether employers can take legal action against their employees in the UAE.
Article 39 UAE Labour Law
This article specifies the disciplinary actions an employer can take, ensuring these are justified and proportionate to the misconduct. The disciplinary actions include:
- Written Notice: A formal notification to the employee regarding their misconduct.
- Written Warning: A documented warning that serves as a formal reprimand.
- Wage Deduction: A wage reduction as a penalty, not exceeding five days’ wages in a month.
- Suspension Without Pay: Temporary removal from duty without pay for up to ten days.
- Deprivation from Periodic Bonus: Withholding of regular bonuses that the employee might be eligible for.
- Deprivation from Promotion: Restricting the employee from promotions for a period not exceeding one year.
- Termination of Service: Dismissal from employment must follow strict procedural fairness, especially for grave misconduct.
Employers must navigate these regulations carefully to avoid legal repercussions. Failure to comply can result in legal disputes and financial penalties.
Learn about the top Employee Rights and Obligations under UAE Law in Dubai.
Legal Services Related to Disciplinary Actions Against Employees UAE
Al Mulla Lawyers offer comprehensive legal services to assist businesses with disciplinary actions against employees in the UAE.
Our services ensure that all actions comply with the latest legal requirements, minimizing the risk of disputes and penalties.
- Legal Consultation: Our experts provide up-to-date legal advice on the UAE Labour Law, including amendments and updates.
- Policy Development: We assist in creating compliant work regulations and ensuring all disciplinary procedures are legally sound.
- Investigation and Documentation: We support businesses in conducting thorough investigations and maintaining proper documentation for disciplinary actions.
- Grievance Handling: Our team helps manage employee grievances efficiently, ensuring fair resolution and compliance with legal standards.
- Representation in Legal Proceedings: We offer robust representation to protect your business interests if legal disputes arise.
With years of experience, Al Mulla Lawyers ensure that your legal action against employee is effective and legally compliant.
Our dedicated team stays abreast of all legal updates, ensuring your business operations align with the latest UAE Labour Laws.
Contact us for tailored legal solutions safeguarding your business and promoting fair workplace practices.
FAQs about Legal actions against employees UAE
Conclusion.
Navigating the complexities of legal action against employee in the UAE requires a thorough understanding of the UAE Labor Law and its provisions.
Employers must ensure that all disciplinary measures are fair, justified, and compliant with Article 39.
With the support of experienced legal services like those offered by Al Mulla Lawyers & Legal Consultants, businesses can effectively manage disciplinary issues while maintaining legal compliance and fostering a fair workplace environment.
Contact Al Mulla Lawyers today! Click the Whatsapp icon below or visit our Contact Us page.
Find us at these locations:
– Dubai: Deira, Port Saeed, Street 8, City Avenue Building, Office 705-708.
– Abu Dhabi: Corniche Street, Golden Tower, Office 22.
– Ras Al Khaimah: Al Nakheel, Al Maamoura Building (Emirates NBD Bank Building), Fourth Floor.
A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.
