Understanding Employer Loans and Disciplinary Actions Under Labour Law
Employers may extend loans to their employees, but they must adhere
to specific legal guidelines. According to Article 25 of the UAE Labour Law,
loans provided by employers to workers must be interest-free. Additionally, any
loan repayment deductions from the worker’s wage must not exceed the maximum
monthly deduction rate stipulated in the Labour Law and must be made with the
worker's written consent. This ensures fairness and prevents exploitation in
financial dealings between employers and employees.
When it comes to disciplinary actions, Article 39 of the Labour Law
outlines the permissible penalties that employers may impose on employees for
misconduct. These include written cautions or warnings, wage deductions not
exceeding five days’ pay per month, suspension without pay for up to 14 days,
deprivation of periodic raises for up to a year, or denial of promotion for up
to two years in companies with promotion systems. In severe cases, dismissal
from service is allowed, provided the employee’s right to end-of-service
gratuity is preserved. Employers are required to maintain a clear schedule of
penalties within the organization, ensuring transparency and compliance with
legal norms.
Interestingly, employers are not legally required to inform the
Ministry of Labour when imposing penalties on employees, as these matters fall
under the company’s internal policies. However, employees retain the right to
challenge such penalties by filing a labour complaint or grievance with the
establishment’s management. This safeguard ensures that employees have recourse
in case of unfair disciplinary actions.
Employers and employees alike must understand these provisions to
maintain a balanced and legally compliant workplace environment. Following the
stipulated regulations fosters trust and prevents disputes, ensuring a
harmonious professional relationship.