Regarding workplace investigations employee rights in the United Arab Emirates, a comprehensive set of laws and regulations govern the process.
This article aims to explain these procedures, providing a valuable resource for both employers and employees.
Table of Contents
Workplace investigations employee rights.
Before any penalty is imposed, the law necessitates a thorough investigation. The employee should be allowed to present their defence. The resolution to impose a penalty must be justified and documented.
Suspension during Investigation.
If the investigation’s interest necessitates, the employer can suspend the employee temporarily. However, this suspension must not exceed one month and should not affect the employee’s salary.
Impact on Executive Management.
The rules about disciplinary action also apply to executive management positions. However, the Executive Management staff regulation determines additional disciplinary guarantees, rules, and procedures.
Delegation of Penalties Imposition.
Certain disciplinary powers can be delegated to the line manager or a higher position, subject to specific rules and regulations.
Forming one or more disciplinary boards is mandated to hold employees accountable. These boards consist of at least three members of the first grade or above.
Complaints and Grievances Committee.
This committee investigates and considers the complaints and grievances of the employee. Employees can appeal against administrative resolutions issued in their job affairs.
The Objections Committee.
This committee is formed to review and consider the complaints and grievances submitted. The employee can file a grievance against the Disciplinary Board’s or the chairman’s resolutions.
Lapse of Disciplinary Actions.
The law also addresses the lapse of disciplinary cases. For instance, if an employee commits a violation, the disciplinary case against them will lapse after three years, barring certain conditions.
However, if the act constitutes a criminal offence, the disciplinary action will not lapse unless the criminal action lapses.
FAQs About workplace investigations employee rights.
Understanding the intricacies of workplace investigations and employee rights is crucial for employees and employers. The laws in the UAE are designed to ensure a balanced and fair work environment.
As a UAE’s top-tier labour lawyer & legal consultant, Younis Mohammed Al Blooshi offers expert guidance in navigating these complex laws.
His firm specializes in labour cases, providing reassurance and clarity for clients dealing with workplace investigations and related legal issues.
Contact the office of Younis Mohammed Al Blooshi via Whatsapp. Click here. Or visit us at our address: Sobha Ivory 1 – Al Amal St – Business Bay – Dubai. You can also call us on phone: 00971589984123.
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.