Disciplinary Rules

A brief about statement of penalties:

Statement of penalties contains the penalties which can be imposed on contravening
workers and conditions and situations of its imposing. It shall be placed into noticeable
position at the work site. This statement and What occur on it from amendments shall be
effective only after its approval from the labor department within 30 days as from date of
its submission.

1. On whom the disciplinary penalties are imposed?

It is imposed on the contravening workers who do not commit to the rules and conditions of
the employment contract or the internal system of the establishment.

2. What are the penalties and fines which can be imposed by an employer of his
contravening workers?
1. A warning
2. A fine
3. Suspension for work with reduced pay for a period not exceeding 10 days,
4. Forfeiture or deferment of a periodic increment
5. Forfeiture of a promotion
6. Dismissal without prejudice to the severance pay,
7. Dismissal with forfeiture of all or part of the severance pay … article (102).
* In the following case, the article (120) provides for:
An employer may dismiss a worker without notice in any of the following cases:
- If a worker adopts a false identity, or nationality or submits forged certificates or
documents
- If the worker is engaged on probation and is dismissed during the probationary or on its
expiry,
- If the worker makes a mistake resulting in substantial material loss for the employer, on
condition that the latter shall inform labor department within 48 hours,
- If the worker disobeys instructions respecting industrial safety of the workplace, on
condition that the worker is aware of these instructions,
- If the worker is finally sentenced by a competent court for an offence involving security or
honor.
-if the worker does not perform his basic duties under the contract of employment band
persists in violating them despite the fact that he has been the subject of written
investigation for this reason and that he has been warned that he will be dismissed if such
behavior continues
- If a worker reveals any secret of the establishment,
-If the worker is finally sentenced by competent court for an offence involving honour,
honesty or public morals
- If the worker is found in a state of drunkenness or under influence of a drug.
-If while working the worker assaults the employer, the responsible manager
- If the worker absents from his work without a valid reason for more than 20 non-
consecutive days, or more than 7 consecutive days.

3. How the fine can be specified?

The fine may be a specified amount or an amount equals to the worker's pay for a certain
period … it is to be noted , that the determined fine for one contravention shall no be more
than pay of five days in a month , on a condition that the fine shall be evaluated in
comparison with the damage… article ( 104 ).

4. How many times the penalty of forfeiture of a periodic increment can be imposed on the
worker?
It can be imposed for one time in a year, and deferment of the increment shall not be for
more than six months.. article ( 106) .

5. How forfeiture of a promotion can be imposed on the worker?

It shall not be lawful to impose the penalty of forfeiture of a promotion for more than one
promotional step. The worker penalized shall then be promoted to the first following step as
soon as he meets the necessary requirements ..article ( 107) .

6. Can the worker be penalized if he committed any act outside the workplace?
No disciplinary penalty may be imposed on a worker for any act committed by him outside
the workplace, unless such act is connected with the work, the employer or his responsible
manager..article ( 109).
7. Is it lawful to impose two penalties on a worker for one act?
No, it is not lawful to impose more than one penalty on a worker for one act , neither to
combine a disciplinary with a deduction of part of the worker's remuneration … more than
one penalties for more than one act.. article ( 109)

8. What are the procedures followed in case of imposing penalty on a worker?

The worker shall be notified for What is attributed to him, his statement shall be heard and
allowed to defend himself and the foregoing shall be entered into a report and the penalty
shall be entered at the end of this report .. then the worker shall be notified in writing of
any penalties imposed on him , its type , and amount thereof , reasons of imposition and the
penalty to which he will be liable in the event of a repetition to the same … article (110).

9. Are the two parties entitled for objection or complaint against the report or not
accepting it ?
Yes .. and that shall be with the competent authorities ( ministry of labor).

10. Is it lawful to impose a penalty on a worker with retroactive effect after discovering
later?
Worker shall not be charged with a disciplinary offence after more than 30 days have
elapsed since the offence was discovered … article (111).

11. how many the legal period after which imposing penalty is elapsed after it is evidenced?
Disciplinary offence shall not be imposed more than 60 days after the date on which the
inquiry into offence ended and the worker's fault was evidenced … article (111) .

12. What is the procedure followed in charging a worker with a deliberate crime
involving assault on person or property or crimes related to honor and honesty or
the offence of unlawful strike.
A worker may be temporarily suspended from work from date on which the incident is
reported to the competent authorities and until a decision has been given to refer the
worker to trail… if it is decided that he is innocent he shall be returned back to his work
and paid with his full remuneration for the period of suspension if his suspension from the
work was maliciously by the employer. … article (112).
13. Is the worker entitled to claim his salaries during period of the suspension?
Yes, he is entitled to claim his full salaries if his suspension was maliciously … article (112).