UAE Labour Law Sets Strict Requirements for Internal Workplace Investigations and Compliance

Internal investigations are a critical component of maintaining discipline, safeguarding fairness and ensuring compliance within UAE workplaces. The governing legal provisions, Federal Decree-Law No. 33 of 2021 (the “UAE Labour Law”) and Cabinet Resolution No. 1 of 2022, set out the procedures and controls that employers must follow when conducting internal investigations. Ensuring compliance with these requirements is essential for the validity of any disciplinary action.

 

The foundation of any investigation lies in the employer’s obligation to maintain clear work regulations. Under the UAE Labour Law and Cabinet Resolution No. 1 of 2022, employers must establish work instructions, schedules of penalties, rules on promotions and bonuses, and other internal bylaws. Establishments employing 50 or more workers are further required to issue and publicise these regulations, including detailed procedures for imposing penalties and terminating employment. These documented regulations provide the structural framework within which all internal investigations must operate.

 

Accurate record-keeping is another mandatory requirement. Employers must maintain workers’ files in accordance with the procedures prescribed by the Ministry, and these files must be retained for not less than two years following termination. During an internal investigation, all written notices, statements, reports and decisions must be properly recorded and placed in the worker’s personal file. This documentation is essential for demonstrating compliance with the requirements of the UAE Labour Law and Cabinet Resolution No. 1 of 2022.

 

A valid investigation cannot begin without written notification to the worker. The UAE Labour Law and Cabinet Resolution No. 1 of 2022 require that no disciplinary penalty may be imposed unless the worker is informed in writing of the alleged violation. The worker’s statements must be heard and documented in a written report, which must then be included in the personal file. This ensures procedural fairness and upholds the worker’s right to defend himself.

 

Following the written notification, the employer must conduct a structured and impartial investigation. All steps, including obtaining the worker’s statement, reviewing evidence and preparing the investigation report, must be fully documented. These records form the basis for any disciplinary decision and demonstrate compliance with the procedural requirements under the UAE Labour Law and Cabinet Resolution No. 1 of 2022.

 

The UAE Labour Law and Cabinet Resolution No. 1 of 2022 also permit temporary suspension in specific circumstances. An employer may suspend a worker for up to thirty days with half remuneration if required for the investigation. If the investigation concludes in archiving, non-violation or results only in a warning, the worker must be paid the suspended remuneration in full. These provisions ensure that suspension is exercised only when necessary and strictly within the limits prescribed by law.

 

The timing of investigations is strictly regulated. Under the UAE Labour Law and Cabinet Resolution No. 1 of 2022:

 

• A worker may not be accused of a violation discovered more than thirty days earlier; and
• A disciplinary penalty may not be imposed if sixty days have passed since the completion of the investigation.
   

These time limits prevent undue delays and ensure that disciplinary matters are addressed promptly.

 

Any disciplinary penalty imposed must be proportionate to the severity and gravity of the violation. In cases involving dismissal without notice, the UAE Labour Law requires that a written investigation be completed and that the dismissal decision be written and justified. Even in serious cases, employers must fully comply with the investigation requirement before taking action.

 

Workers also have the right to submit grievances. The UAE Labour Law and Cabinet Resolution No. 1 of 2022 entitle a worker to file a grievance before the establishment’s management regarding any penalty imposed. Employers with 50 or more workers must also publicise their complaints and grievance procedures in a visible or accessible manner. This ensures transparency and allows workers to exercise their right to challenge disciplinary measures.

 

Finally, employers may only deduct amounts from a worker’s end-of-service entitlements where permitted under the UAE Labour Law and Cabinet Resolution No. 1 of 2022. Deductions may be made for repairing damage caused by the worker due to a mistake or violation affecting tools, machines, products or materials owned by the employer, provided the finding is based on a completed and documented investigation.

 

To conclude, conducting internal investigations in compliance with the UAE Labour Law and Cabinet Resolution No. 1 of 2022 requires a clear structure, written procedures, timely action and thorough documentation. By adhering to these legal requirements, employers ensure that disciplinary actions are valid, transparent and defensible, while also protecting the rights and entitlements of workers.

 

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