The Department of Community Development Adapts Volunteer Work Policy in Abu Dhabi
October 23, 2024
No Comments
Read More »
Administrative penalties and the cancellation of the legal impact arising from them, in accordance with Federal Law No. 49 of 2022 Concerning Human Resources in The Federal Government.
While carrying out assigned tasks, an employee may engage in actions that could be deemed violations of the law or contraventions of policies and procedures within the federal entity where they work, whether intentionally or unintentionally. Such actions may subject the employee to various administrative penalties imposed by the employing authority.
Article 35 of Law No. 49 of 2022 regarding human resources in the federal government outlines the administrative penalties that the federal entity is authorized to impose on an employee found in violation, as determined by the federal entity at its discretion. The penalties are applied to the employee, the offender, based on the severity and gravity of the committed violation. According to this article, the administrative penalties stipulated by the mentioned law are as follows:
A. Written notification.
B. Written warning.
C. Deduction from the basic salary, with a maximum of ten (10) days’ salary for each violation and not exceeding sixty (60) days per year.
D. Suspension from work without gross salary for a period of not less than one month and not more than three (3) months.
E. Dismissal from service, while preserving the employee’s right to a retirement pension or end-of-service gratuity.
If an employee commits any violation during the performance of their duties, deemed by the federal employer as warranting administrative penalties, the employer may impose any of these mentioned administrative penalties on the employee according to its discretion.
The question that arises here is whether the legal impact of administrative penalties can be annulled, or if it will persist throughout the employee’s employment period.
Article 36 of Law No. 49 of 2022 regarding Human Resources in the Federal Government outlines the process for canceling the legal impact of administrative penalties imposed on employees who commit violations. This article specifies that the legal effect of administrative penalties imposed on the employee will be canceled, considering them as if they had not occurred, upon the expiration of the timeframes defined in the executive regulations of the Human Resources Law in the Federal Government. These executive regulations were issued under Cabinet Resolution No. 48 of 2023 concerning the executive regulations for Federal Decree-Law No. 49 of 2022 regarding human resources in the federal government.
Upon referring to the mentioned executive regulations, we notice that Article 113 thereof stipulates the specified timeframes, and upon their expiration, the legal effect of administrative penalties is canceled.
These timeframes vary depending on the type of penalty imposed on the violator and can be summarized as follows:
1. Three (3) months in the case of a written attention,
2. Six (6) months in the case of a written warning,
3. One (1) year in the case of other penalties.
The mentioned article also indicates that these timeframes are calculated from the date of issuance of the administrative penalty. The cancellation of the penalty results in considering it as if it had never taken place in terms of legal effect. However, these timeframes do not apply if the employee returns to committing any other violation before the expiration of the mentioned timeframes, according to Article 36 of Law No. 49 of 2022 regarding Human Resources in the Federal Government. In such a situation, the legal effect of the administrative penalty will not be canceled.
Facebook
Twitter
LinkedIn
