The United Arab Emirates has made a decision regarding the withdrawal of workers' salaries.
In the event that an assistant worker commits an act that is the result of a serious mistake made by him or violates instructions that led to damage to the employer by losing or damaging tools, machines, products, or anything else that is in the custody of the assistant worker or at his disposal, the Ministry of Human Resources and Emiratization has confirmed that the employer has the right to reward the assistant worker with a deduction or deduction from his salary.
Apply the discount penalty
The ministry stated in an explanation that was published in the most recent issue of the magazine "labor market" that was issued by the ministry that the employer is not permitted to deduct from the salary of the assistant worker without the consent of this worker. This is because the assistant worker's consent is required to apply the penalty of deduction from his salary (not exceeding a quarter of the wage), or the approval of the ministry if the assistant worker does not agree to the penalty, as necessary to redress the damage that was estimated by the ministry. The ministry also explained that if either the worker or the ministry does not agree to sign the deduction, the matter is referred to the judiciary as a labor dispute, provided that the deduction is in accordance with a court ruling and does not exceed a quarter of this remuneration.
Organizing work relationships
The ministry recalled that the Federal Decree-Law No. 33 of 2021, which was enacted to regulate labor relations, outlined a number of circumstances or circumstances under which employers or employers may deduct or deduct from the worker's wage. It emphasized that the percentage of deduction or deduction may not exceed fifty percent of the worker's wage in any circumstance.
The ministry specifies the following circumstances in which deductions from an employee's wage are permissible: repayment of loans granted to the employee, up to the maximum monthly deduction percentage (subject to the employee's written consent) and in the absence of benefits; recovery of payments made to the employee in excess of his entitlement (with a maximum deduction of 20% of the wage); and deductions made for the following purposes:
The instances of salary deductions or repayments encompassed the worker's contributions to the organization's savings fund or loans owed to the fund (with approval from the ministry), installment payments for social projects or other employer-provided and ministry-approved benefits or services with written consent from the employee to participate in the project, and the payment of amounts deducted from the worker's paycheck.
Cases in which the discount applies
The list of situations in which a deduction could be made from a worker's wage included the payment of debts that were due in the execution of a judicial ruling, as well as the payment of no more than a quarter of the wage that was owed to the worker, with the exception of the debt of alimony sentenced, from which a deduction of more than a quarter of the wage could be made, and the amounts that are required to be met are distributed according to the ranks of the privilege, in the event that there are multiple debts. Additionally, the worker may be required to pay the necessary amounts to repair any damage that was caused by the worker as a result of his mistake or violation of the employer's instructions, which resulted in the destruction, destruction, or loss of tools, machines, products, or materials owned by the employer. However, the amount that could be deducted from the worker's wage could not exceed five days' wages, and any amount that was greater than this could only be deducted with the approval of the competent court.