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Workers Warnings and Penalties

as per Labour Law (2003/35)


Presentation Outline
1- General Rules.

2- List of Violations.

3-Termination without prior notice and without


End-Of-Service Gratuity (Art.40).
General Rules
Penalties that may be imposed
on workers are:
A Written Warning:

It is a written letter to the worker informing him of the violation occurred from him and asking him not to
repeat it and informing him of more severe penalty in case of repeating of the violation.

B Fine or deduction of salary:

Which is deduction from of the worker salary for a period not exceeding five days for the single
violation.
C Suspension of work:

Which prevents the worker temporarily from working for a period not exceeding five days for the
violation. And deduction of all or part of the salary during the period of suspension.
D Dismiss the worker with payment of the gratuity:

Which is the termination of the Worker's services according to the regulations determined by the law
with payment of end service benefit.
E Dismiss the worker without prior notice and without gratuity:

Which is the termination of the worker's services in cases determined by law without notice and without
end of service benefit.
General Rules

1- A penalty may not be imposed on a worker for


violations, by fine or suspension for more than
three days or dismissal from service only by the
employer or the authorized manager.

2- It is prohibited to impose a penalty on the worker


unless he has been informed in writing of what was
attributed to him and hear his saying and to achieve
his defend and confirm that in a report filed in his
own file.
3- The penalty of suspension can be replaced by the
penalty of deduction.

4- The salary that is used to calculate the deduction


is the basic salary of the worker.

5- If the violation occurred six months after the date


of the same previous violation, it will considered as
the first one.
6- The employer may increase the penalty if the
same violation is repeated more than four times
before expiry of six months after the previous
violation, taking into consideration the maximum
penalty (5 days).

7-The list should include an upward list for the


penalties.

8- The worker shall not be penalized for an act


committed outside the work unless it has a
relationship with the Work.
9- The worker shall be notified in writing of the penalties
imposed, the type, the amount and the next penalty imposed
on him if he violate again. lf the worker refuse to collect the
notification, the decision of the penalty shall be displayed in a
visible place in the place of work. lf he is absent from work, the
decision shall be sent through registered mail on his address
shown in his file.

10- The penalty may not imposed unless after three days from
the date of notification , except for the penalties provided for in
paragraphs 3 & 7 of article No. 40 of the labor law.

11- The worker have the right to complain against the decision
issued within three days from the date of notifying him of the
penalty decision. The complaint shall be submitted to the one
who issued the decision, the complaint shall decided within
seven days from the date of submission.
12-The penalties listed in the Regulations are the
maximum and the employer may replace them with
lighter penalties.

13- This regulation shall be subject to the provisions


of the Labor Law issued by Royal Decree No. 35/2003
and its resolutions.
List of Penalties
Termination without prior notice
and Without Gratuity (Art.40).
Article (40): The employer may dismiss the
worker without prior notice and without end-of-
service gratuity in any of the following cases:

1- If he assumes a false identity, or if he resorts to


forgery to obtain the employment.

2- If he commits a mistake which results in a heavy


financial loss to the employer , And the employer
should notify the relevant directorate of the
incident within three days from the date of his
knowledge of its occurrence.
3- If he does not comply with instructions necessary
for the safety of workers or the workplace, after being
notified in writing. provided that such instructions
shall be written and hanged in a conspicuous place
and the breach of instructions is likely cause a serious
damage to the work place or to the workers.

4- If he absents himself from his work for more than


ten days without reasonable cause during one year or
for more than seven consecutive days provided that
such dismissal shall be preceded by a written notice
to him from the employer after his absence for five
days in the first case.
5- If he discloses any secrets related to the company
which he works in.

6- If a final judgement is entered against him for an


offence or felony for breach of honor or trust or for a
felony committed in the work place or during the
course of his work.

7- If he is found during the working hours in a state of


drunkenness or was under the influence of an
intoxication drug or mental stimulus.
8- If he commits an assault on the employer or the
responsible manger or if he commits a serious assault
on any of his superiors in the course of the work, or
because of it. Or if he assaults one of his colleagues in
the work place by hitting him and as a consequence
thereof sickness or delay from the work for a period
exceeding ten days ensues.

9- if the employee gravely breached his obligations to


perform the work agreed upon his contract of
employment.
Thank you for your attention