Employers cannot impose arbitrary punishments or disregard the nature and circumstances of an alleged violation. The clarification highlights the importance of balancing workplace discipline with the protection of employees’ rights under the country’s existing labour legislation.

Aisha Ahmed Al Hammadi, Acting Head of the Judicial Cases and Grievances Section at the ministry, explained that establishing whether an employee committed a workplace violation is legally different from determining whether a particular disciplinary penalty is justified. Even when misconduct is proven, an employer must ensure that the selected punishment is proportionate to the seriousness of the incident and that the legally required procedures have been followed.

Her remarks appeared in an article entitled “Not Every Violation Is the Same”, published in the ministry’s Labour Market magazine and reported by Al Khaleej newspaper on Monday, November 2, 2026. Al Hammadi emphasized that UAE legislation does not grant employers unrestricted disciplinary powers. Instead, the law establishes safeguards intended to protect employees while allowing businesses to maintain proper workplace standards and operational discipline.

The ministry representative explained that different violations may require different responses. An employee arriving late for the first time should not automatically receive the same punishment as someone who repeatedly arrives late despite previous warnings. Similarly, an isolated mistake with limited consequences differs significantly from negligence that places colleagues’ safety or the employer’s legitimate interests at risk.

Article 39 of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relationships, as amended, identifies the disciplinary measures employers may impose for established violations. These range from written notices and warnings to wage deductions, temporary suspension, restrictions on certain employment benefits and dismissal. The law also provides that dismissal as a disciplinary penalty does not automatically eliminate the employee’s entitlement to end-of-service gratuity.

Under the applicable framework, disciplinary salary deductions may not exceed the equivalent of five days’ wages per month. Employers may also impose an unpaid disciplinary suspension lasting no more than 14 days. Other permitted measures include withholding a periodic bonus for up to one year or preventing a promotion for up to two years, where the establishment operates the relevant bonus or promotion system and the statutory conditions are satisfied.

The implementing regulations establish important procedures that must be completed before a disciplinary penalty is imposed. Employers are required to notify employees in writing of the allegations against them, hear their statements, investigate their defence and document the proceedings in their personnel files. Employees must also receive written notification explaining the penalty, its grounds and the potential consequences of repeating the violation.

The legal framework requires employers to consider several factors when assessing the seriousness of misconduct. These include financial losses, risks to workplace health and safety, damage to an organisation’s reputation, misuse of authority, repeated violations and other relevant circumstances. Such factors help ensure that disciplinary measures reflect the actual seriousness of the incident rather than being applied indiscriminately.

The regulations also establish deadlines for disciplinary action. An employee cannot be accused of a workplace violation discovered more than 30 days earlier, while a disciplinary penalty cannot be imposed more than 60 days after the relevant investigation has been completed and the violation established. These restrictions are intended to prevent disciplinary proceedings from remaining unresolved indefinitely.

Another significant protection prevents employers from imposing multiple disciplinary sanctions for the same violation. Employees generally cannot be disciplined for conduct outside the workplace unless it is connected to their employment. Workers also have the right to challenge disciplinary measures through internal grievance procedures without suffering adverse treatment merely because they submitted a complaint.

Employers with 50 or more workers must provide an accessible system for complaints and grievances, allowing employees to submit concerns and receive written responses within the established procedures. This requirement supports transparency and helps organisations address disagreements systematically, while preserving employees’ right to submit labour complaints to the competent authorities.

Al Hammadi stressed that listening to an employee’s explanation should not be interpreted as overlooking misconduct. Proper investigations may reveal circumstances that reduce the seriousness of an incident or establish that the consequences were more severe than initially understood. In either situation, examining the evidence carefully enables employers to make decisions that are more proportionate, defensible and consistent with the law.

She also highlighted the importance of clear workplace instructions and effective communication about professional responsibilities. Disciplinary systems are most effective when employees understand the standards expected of them and the potential consequences of failing to comply. A stable workplace is not necessarily one without disciplinary action, but one where both employees and employers understand their respective rights and obligations.

For UAE citizens and expatriate residents employed in the private sector, the clarification reinforces the importance of procedural fairness before penalties are imposed. Employers should review their disciplinary policies, investigation procedures and grievance arrangements to ensure compliance with existing regulations. The announcement represents an explanation of established legal requirements rather than the introduction of a new disciplinary law taking effect in November 2026.

Source: UAE Ministry of Human Resources and Emiratisation – Al Khaleej – Federal Decree-Law No. 33 of 2021 and its Implementing Regulations.