Article (1) The attached disciplinary code shall guide employers in making the disciplinary regulations applicable in their undertaking.

Transcription

1 Ministerial Resolution No (28/1) of 1981 Issuing the Standard Disciplinary Code to Guide Employers in Making Disciplinary Regulations Applicable in their Undertaking

2 Ministerial Resolution No (28/1) of 1981 Issuing the Standard Disciplinary Code to Guide Employers in Making Disciplinary Regulations Applicable in their Undertaking The Minister of Labor and Social Affairs, Having perused: Law No. (1) of 1972 on the Competences of the Ministries and Powers of Ministers, as amended; Law No. (8) of 1980 on the regulating Labor Relations; and Acting on the submissions made by the Undersecretary, Resolved: Article (1) The attached disciplinary code shall guide employers in making the disciplinary regulations applicable in their undertaking. Article (2) Employers shall furnish the competent labor department at the Ministry of Labor and Social Affairs with the disciplinary code proposed to be applicable to the workers in their undertaking for approval by the said department before entry into force. Employers shall further approve any such amendments as they deem necessary to such regulation before these amendments are in force. Article (3) Employers shall display the disciplinary code in a conspicuous place in the workplace upon approval by the competent labor department in Arabic and, if necessary, in another language easily understood by the worker. Article (4) This Resolution shall be published in the Official Gazette and shall be effective as from the date of its issue. Saif Al Jarwan, Minister of Labor and Social Affairs Issued on: 19/04/1981

3 Standard Disciplinary Code Type of Violation Disciplinary Degree Remarks 1 st Incident 2 nd Incident 3 rd Incident 4 th Incident 1. Violation related to work Time 1 - Tardiness for up to 15 minutes without 2 - Tardiness for up to 15 minutes without 3 - Tardiness for up to 15 minutes without 4 - Tardiness for up to 15 minutes without the crippling of other labor). 5 - Tardiness exceeding 30 to 60 minutes without 6 - Tardiness exceeding 30 to 60 minutes without Written Warning 10% of daily 10% of daily day 3/4 day 10% of daily day day day If the reoccurs upon the elapse of six date of the previous, it shall be treated as first time. 2- If the same reoccurs more than four times date of first, the disciplinary action for the fifth and subsequent s shall be double as much as the disciplinary action of the fourth (not exceeding five day ). 1. if the reoccurs upon the elapse of six date of the previous, it shall be treated as first time. reoccurs more than four times date of first, the employee may be discharged and be paid his/her

4 7 - Tardiness exceeding one hour without permission (whether or not delay will result in 8 - Unauthorized absence 9 - Unauthorized leave of office or departure before time without permit or acceptable excuse. 10- Stay in or return to work place outside working hours without permit or acceptable excuse. An employee may be precluded from entrance and will be an unauthorized absent or may be allowed to enter and deprived of delay hours and be subject to the disciplinary of first unauthorized absence. An employee is denied the of absence days day day 3. For violation (9) if an employee leaves office or departs over an hour before time, the employee may be denied his/her for this hour and be subject to disciplinary action of first unauthorized absence. 4. An employee shall be warned in writing when imposing a disciplinary penalty thereon when committing a violation for the fourth time that he/she will be discharged if he/she commits the same violation for the fifth time (6) date of violation (B) Violations related to Work Regulations Disciplinary Degree Type of Violation 1 st Incident 2 nd Incident 3 rd Incident 4 th Incident Remarks

5 11 - Exit through no-exit places if the establishment's instructions so require Reception of non-employee visitors at work place without Management's permit Talking on work-irrelevant issues if this could cripple work progress Reading a non-work material during working hours if this could cripple work progress Eating at unallocated dining place or time. day day day day day 16 - Sleeping during working hours day 17 - Labor rambling or non-existence in their work places during working hours Bringing and distributing publications or prints without permit Collecting funds, aids or signatures without permit. day 1. If the reoccurs upon the elapse of six months of the date of previous of the same kind, it shall be treated as a first time. reoccurs more than four times date of first, an employee is discharged and paid due and bonus, save only violations No. 13, 14, 15, 16 and 17; in which case, double disciplinary of the fourth is imposed (not exceeding 5 days). 3. an employee shall be warned in writing on imposition of disciplinary for fourth that he/she will be discharged if he/she commits the same for a fifth time

6 20 - Use of Establishment's phone sets for personal purposes without permit Non information of change of social status and address within one week without an acceptable excuse Writing statements or phrases or placarding advertising on the establishment's walls or other walls in the work place without permit Handover of daily work card after his/her workmates without acceptable reason Making false allegations on bosses and workmates, leading to crippling of work. date of the fourth. 1. If the reoccurs upon the elapse of six months of the date of previous of the same kind, it shall be treated as a first time Breach of instructions on proven stamping of an employee's daily work card on attendance and leave or manipulation thereof. 26 -Breach of or non-adherence to work orders Intended decrease of production 28 - Excessive consumption of services without an acceptable cause Breach of work instructions, provided that instructions are issued in Arabic together with another employee-apprehensible language, placarded in an eminent place Incitement to breach orders or work and labor safety related instructions if the same are Five day Discharge in accordance Five day Five day Five day Five day bonus and reoccurs more than four times date of first, an employee is discharged and paid bonus and for violations which fourth commitment disciplinary is not up to discharge.. 3. an employee shall be warned in writing on imposition of disciplinary for fourth that he/she will be

7 placarded in an eminent place in Arabic and another employeeapprehensible language or the employee, if illiterate, is made aware thereof. with clause (d) of Article (120) of Law No. (8) of discharged if he/she commits the same for a fifth time date of the fourth 31 - Sleeping during working hours in such cases that require ongoing wakefulness An employee's unexcused rejection to fulfill his/her key duties and to carry on another work, provided that this work does not materially differ from his/her original work 33 - Use of work materials and devices for private purposes 34 - Gross negligence of action, which may cause severe damage to properties and individuals. of end-of-service Discharge in accordance with clause (e) of Article (120) of Law No. (8) of Warning end-of-service Five day end-of-service 1. If the reoccurs upon the elapse of six months of the date of previous of the same kind, it shall be treated as a first time. reoccurs more than four times date of first, an employee is discharged and paid bonus and for violations which fourth commitment disciplinary is not up to discharge. 3. an employee shall be warned in writing on imposition of

8 35 - Abuse or damage to the establishment's machinery, devices or supplies. Five day preservation of end-ofservice disciplinary for fourth that he/she will be discharged if he/she commits the same for a fifth time date of the fourth. c. Violations related attitude and Conduct: 1 - Bringing of unlicensed items or effecting commercial transactions in the work place. 2 - Smoking during working hours in nosmoking work places. 3 - Quarrel with workmates or making trouble in work place. 4 - Assault on the employer, a manager in charge or a workmate. 5 - Refraining from medical examination when so requested by the establishment's physician without an of acceptable excuse. 6 - Feign Illness of of of of of Five day Five day Five day Five day of Five day of Five day 1. If the reoccurs upon the elapse of six date of previous of the same kind, it shall be treated as a first time. reoccurs more than four times date of first, an employee is discharged and paid bonus and for s which fourth commitment disciplinary is not up to

9 7 - Breach of order or ethics during presence in clinic or the establishment hospital or examination. 8 - An employee's disposal to third parties of medication and treatment means personally allocated to them. 9 - Violation of relevant health instructions in work places Rejection of search on leave of office No handover of cash to the establishment's account on due time without an acceptable excuse An employee's acceptance of cash or gifts from any person in order to urge him/her to do an establishmentrelated act An employee's giving cash or gifts to an employee or laborer in the establishment to affect him/her to exploit the same with regard to the establishment's business. of of Five day of of of preservation of end-ofservice of of of Five day end-of-service end-of-service of Five day of Five day Five day of Five day, Discharge and end-of-service discharge., where it is sufficient to impose double the disciplinary of fourth (not exceeding five days). 3. an employee shall be warned in writing on imposition of disciplinary for fourth that he/she will be discharged if he/she commits the same for a fifth time within six months of the date of the fourth.