situation New labor law A set of strict controls and procedures related to disciplinary penalties for workers and employers, with the aim of achieving justice, protecting the rights of both parties, and organizing the mechanism for dealing with violations in the work environment.
Article (138) stipulates that any action that requires accountability must be work-related, with the need for the penalty not to be imposed after 30 days from the end of the investigation. While Article (139) specifies a schedule of disciplinary penalties that include a written warning, deduction from the basic wage, postponement of the annual bonus or promotion, reduction of the wage or position, and even final dismissal.
Not to impose more than one penalty for one violation
In its Article (140), the law emphasized that no more than one penalty would be imposed for a single violation, while prohibiting the combination of any financial penalty and a deduction from the wage if the total exceeded 5 days’ wages per month, while Article (141) stipulated the necessity of informing the worker of what was attributed to him and hearing his defense before issuing the decision, with the requirement that the decision be reasoned.
The law also mandated the legal affairs in the establishment to investigate or delegate it to an experienced person in accordance with Article (142), with the possibility of increasing the penalty if the act is repeated within a year of the previous penalty. In cases of serious violations or criminal charges, the employer has the right to suspend the worker for a period not exceeding 60 days and pay his full wages, while giving the worker the right to file a grievance before the urgent matters judge within 3 days, with the possibility of requesting a judicial extension of the suspension period.
The law also stipulates that the Labor Court has jurisdiction to decide on dismissal requests, specifying serious errors such as submitting forged documents, disclosing facility secrets, or drug abuse while at work. In the event that an individual dispute arises, any party can request an amicable settlement before a committee headed by the Director of the Labor Directorate. If the settlement fails, the papers are referred to the Labor Court for adjudication within 3 months as a matter of urgency.
This new regulation comes to ensure the balance of rights between workers and employers, protect the work environment from abuses, while strengthening legal and procedural oversight mechanisms for violations.
