Urgent Issuing a law punishing fines and imprisonment for employers who violate workers' rights in these cases

Abdallah Shahin - | Business

The decree by a federal law regulating labor relations, which was recently issued by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the State, identified 12 violations of its provisions that subject employers to criminal and financial penalties of a maximum. Imprisonment for a period of no less than one year, and another with a fine of no more than ten million dirhams, stressing that the rights stipulated in this Decree-Law represent the minimum rights for workers, and do not prejudice any of the rights granted to him. The worker under any other legislation, agreement, consent, regulation or employment contract.

In detail, Federal Decree Law No. 33 of 2021 regulating labor relations, which was recently issued by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the State, grants the employees of the Ministry of Human Resources and Emiratisation, who are authorized by a decision of the Minister of Justice (in agreement with the Minister of Human Resources and Emiratisation), the capacity of a judicial officer, to prove what is in violation of the provisions of this Decree-Law, its executive regulations and the decisions issued in implementation of it, stressing that this category of inspectors has the right to enter the relevant establishments, detect violations and write the necessary reports.

According to a reading conducted by «Emirates Today», the decree-law specified a list of violations of its provisions and articles that included about 12 violations, where strict financial and administrative penalties were imposed on the perpetrators of such violations, without prejudice to any more severe punishment stipulated in any other law, including a fine of 20 From one thousand to 100,000 dirhams, against the perpetrators of three types of violations, the first of which is to provide incorrect information or documents with the intention of bringing a foreigner to the country to work in it, and the second is to obstruct or prevent one of the officials charged with implementing the provisions of this Decree-Law and its implementing regulations and decisions issued in implementation thereof, or who attempted or He proceeded to prevent him from performing his job, whether by using force, violence, or threatening to use it.

And third, the employee’s disclosure of a work secret that he has learned by virtue of his work as a public employee charged with implementing the provisions of this Decree-Law and its executive regulations and decisions issued for its implementation, even after leaving work.

The decree-law also imposed a penalty of a fine of 50,000 to 200,000 dirhams, for six violations, including “the owner of the facility used a worker who was not authorized to work for him, brought in or used a worker, and left him without working, using work permits for a purpose other than the purpose for which they were issued, closing An establishment or suspends its activity without taking measures to settle the rights of workers, employ a juvenile, approve the employment of a juvenile who has guardianship or guardianship over the juvenile.”

The decree-law is also punishable by imprisonment for a period of no less than one year and a fine of no less than 200,000 dirhams and not more than one million dirhams, or either of these two penalties, whoever exploits or misuses the electronic powers granted to him to enter the Ministry’s systems or enables others to do so. Which resulted in a disruption in procedures or relationships, stressing that the fines imposed in accordance with the provisions of this Decree-Law are multiple for employers, according to the number of workers in respect of whom the violation occurred, provided that they do not exceed a maximum of 10 million dirhams.

According to the decree, anyone who violates any other provision of this Decree-Law, its executive regulations and the decisions issued in implementation thereof, shall be punished with a fine of no less than 5000 dirhams and not more than one million dirhams, indicating that in the event of a return to committing any of the violations referred to in This Decree-Law and its Executive Regulations and the decisions issued for its implementation, before the lapse of one year from the previous ruling against the perpetrator for a similar violation, the perpetrator shall be punished by imprisonment with a double fine prescribed in this Decree-Law or one of these two penalties.

The Decree-Law confirmed that the rights stipulated in this Decree-Law represent the minimum rights for workers, and therefore these provisions do not prejudice any of the rights granted to the worker under any other legislation, agreement, approval, system or employment contract, which arranges for the worker rights more beneficial than the rights established. Pursuant to the provisions of this Decree-Law, emphasizing that neither the employer nor the worker may abuse the provisions of this Decree-Law, its Executive Regulations and the decisions issued in implementation of its provisions, and neither of them may take any action that would pressure the freedom of the other or the freedom of other workers or employers to achieve any interest Or a point of view that he adopts, which is incompatible with the freedom of work or competence.

void reconciliations

Federal Decree-Law No. 33 of 2021 regulating labor relations stated that any condition that violates the provisions of this Decree-Law is invalid, even if it was prior to its enforcement, unless it is more beneficial to the worker. He also stressed the invalidity of any release, reconciliation or waiver of the rights arising from the worker under this Decree-Law, if it is in violation of its provisions.

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Abdallah Shahin
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