ME-ALLIANCE LEGAL UPDATE
Sanctions and Procedural Requirements – ADGM Employment Regulations 2024
Part 12 of the ADGM Employment Regulations 2024 outlines the Registrar’s enforcement powers and the procedural safeguards that apply when an employer is suspected of breaching employment regulations. Key components include:
1.Registrar’s Enforcement Powers: If an employer contravenes a relevant requirement under the Regulations, for example (Hiring requirements, Wage protection & pay, Working time & leave, etc.), the Registrar may:
i.Issue a private or public censure.
ii.Impose a financial penalty.
iii.Issue a prohibition order.
iv.Enter into an enforceable undertaking with the employer.
Note: “Relevant requirement” refers to any obligation imposed on an employer under the Employment Regulations or related rules.
2.Warning Notices: Before imposing sanctions, the Registrar must issue a Warning Notice to the employer. The notice must:
a.State the proposed actions.
b.Be in writing.
c.Explain the reasons for the proposed actions.
d.Provide a reasonable period (minimum 14 business days) for the employer to make representations.
e.Include any relevant rights of access to evidence.
-After receiving a Warning Notice, the employer may respond within the set timeframe. The Registrar must then:
✔️Consider all relevant materials and representations.
✔️Decide within a reasonable time whether to:
a)Abandon the proposed actions.
b)Issue a new Warning Notice with different or additional actions.
c)Proceed with the proposed actions via a Decision Notice.
-If no decision is made within the timeframe, the actions in the Warning Notice are considered abandoned.
3.Decision Notices: If the Registrar proceeds with enforcement:
• A Decision Notice is issued.
• It must:
a) Be in writing.
b) Explain the reasons for the action.
c) Provide information on the employer’s right to refer the matter to the ADGM Court.
For more details regarding the ADGM employment regulations click the link below:
ADGM Employment Regulations 2024.pdf
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