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Labor Law - Ch11 Penalties

CHAPTER XI
PENALTIES


Article 181

Without prejudice to any severer penalty provided for in any other law, a penalty of imprisonment for a period not exceeding six months and/or a fine not less than three thousand Dirhams but not exceeding ten thousand Dirhams shall be imposed on:

  1. anyone who violates any of the imperative provisions of this Law or of its executive regulations or orders.
  2. anyone who obstructs, prevents or attempts to prevent, any official entrusted with the implementation of the provisions of this Law or its executive regulations or orders, from performing his duties, whether through actual or threatened use of force or violence.
  3. any official entrusted with implementation of the provisions of this Law, who divulges, even after termination of his services, any work secret, patent right, or other work method that came to his knowledge in his capacity as such official.

Article 182

Enforcement of fine rulings shall not be stayed. A fine applicable to an employer for an offence shall be multiplied by the number of workers against whom the offence was committed, provided that the total amount of fine shall not exceed three times the maximum limit of the prescribed fine. This Article shall be applicable to violations committed against the following provisions and their respective executive regulations and orders:
  1. Violation of the provisions of Article 13.
  2. Violation of the provisions of Sections Two and Three of Chapter Two.
  3. Violation of the provisions of Chapter Three.
  4. Violations of Articles 114, 124, 125,128, 129, 142, 144.

Article 183

Where an offence is committed before the lapse of one year from the date on which judgment of the Court was pronounced in respect of a similar offence committed by the same offender, the penalty may be doubled.


Article 184

Without prejudice to Articles 34, 41 and 126, penal proceedings shall be initiated against the manager in charge of the firm; it may also be initiated against the firm owner if there is reason to believe that he was aware of the facts constituting the offence.


Article 185

If the employer fails to fulfill his obligations under this Law, the labour department concerned may issue an order specifying the violation committed and instructing the employer to remedy it within a specific period starting from the date of employer’s notification. If the violation is not remedied within the specified period, the said department shall carry out the required remedial work at the employer's expense and recover such expenses by way of attachment.


Article 186

In applying the provisions of the Law and its executive regulations and orders, the Labour Department shall, to the extent possible, refrain from initiating penal action until it extends advice and guidance to employers and workers who commit violations against the Law and, when necessary, issues them written warning to remedy such violations.


Creation date : 27/05/2007 @ 14:12
Last update : 28/05/2007 @ 09:50
Category : Labor Law
Page read 4817 times


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Reactions to this article


Reaction #9 

by LEM 28/12/2009 @ 15:08

hello. im really tired of thinking about my problem here in dubai. im just less than 1 mo here.it is a long story. to make it short, can i leave my current employer now eventough they paid my visa and ticket and accommodation.they hired me direct from my country.they gave me visit visa only with agency sponsor.they wil proces surely my work visa as soon as i reciv my docus coming from my country.but i wil only get 1000 a mo with accommodation.i dont want to continue working with them.Is there any grounds since they paid all of my expenses.my passport is with them.somebody kindly explain this to me.thanks.


Reaction #8 

by stefi 19/01/2009 @ 08:41

I just want to inquire, I have a friend who's been to dubai he was able to work for a week and go back to his point of origin since his visit visa has expired... what happened was, when he went home a week later his employer called to process his employment visa the problem was, days before his departure to dubai,  a problem occured and asked his employer that he cannot go back there to work... what will happen to my friend?


Reaction #7 

by GRID 26/10/2008 @ 14:58

i work in a hotel in mankhool. i was directly hired from the philippines as a receptionist but unfornutely im working as waitress in a coffee shop and i was put in a different hotel not the hotel that my original signed contract is... after my first month they let me sign again a new contract that making my original contract null and void... i didnt refuse coz they make me signed it and that was first time a saw the new contract  were is its stated if i dont sign on the said date ill be send back to the pilippines... the date was April 31... the day i saw the new contract and signed it out of fear!!!   im been working here for almost 18 months now... and im planning to resign! is it true if i finish my contract which 2 years the company im currently work for will not give me work ban? i need your good advice... and more explanation about work banned law here in dubai.  i need to have a fuul knowledge before i decide.... thank you...wink


Reaction #6 

by vhill 20/10/2008 @ 10:28

I'm not happy with my work.  I was directly hired from the Philippines.  When I resign, I will ban.  As of now, I am experiencing internal turmoil, emotional distress, and I'm about to lose my perpectives in life.  How can I work if my boss is my  problem? She never appreciated my achievements ever since. She always kept on shouting us everytime we did  small mistakes which is simple and adjustable...Pls help us... Thanks


Reaction #5 

by lyn 11/10/2008 @ 07:13

    this is a follow up to my recent mail.  I know Dubai has new regulations on visitors on visit visa and acquiring work permit.  I know they have to go back to the point of entry before working.  Can someone manipulate the papers that my husband was able to acquire the papers for a short time only.  Please enlighten me on this matters. Thank you


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