Law & You - 2010 No. 11

I am an expatriate working in a reputable company in Jeddah. Recently my company deducted SR1,000 as a penalty, saying they are not happy with my performance.

Secondly here in the company it is a rule that if a worker comes in late his salary is deducted. Is this right according to the law? Please comment. — C.H.K.J.

Articles 70 and 71 of the labor law say a worker may not be fined more than five days pay for any single violation, and no more than one penalty shall be applied for the same violation. Work suspension without pay may not exceed five days in a month.

Also, a disciplinary action may not be imposed on a worker except after notifying him in writing, asking him to provide his defense for the record.

Punitive action provided verbally (not recorded for the record) cannot exceed more than one-day wage deduction. If this has not been followed by your company, then the action is all null and void.

More importantly a fine may not be imposed on the employee unless this fine is particularly mentioned in the law, the employee’s contract or in company regulations, otherwise a person may not be accused of an action not mentioned in the above.

It goes without saying that no employee may be investigated and fined for someone else’s faults. Every person is responsible only for his own mistakes.

Explain this to your company to correct the situation. If adamant you may complain to the Labor Office in your area.

As to your question regarding latecomers: Yes, your company has the right to impose punitive action for tardiness. In fact repeated lateness can legally lead to termination.

 

Answers given by  Muhammad Jaber Nader

Questions may be sent to Arab News by e-mail (arabnews@arabnews.com), fax (02)2836228, or regular mail (P.O. Box 10452, Jeddah 21433).

Comments

WALEED

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I am working in a company for 2 and half years on student visa. if i transfer my iqama to the company now will the 2 years rule start form the transferred date ? or my joining date to company.
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