11. Penalties

Article 181*

Without prejudice to any severe penalty provided for in another law of imprisonment for a period not to exceed six months, and a fine not less than Dhs three thousand and not more than Dhs. ten thousand or either of the two penalties shall be inflicted to:

  1. Any person who violates any of the obligatory provisions of this Law or any of the executive regulations or orders issued thereunder.
  2.  Any person who hinders or prevents any of the official assigned to enforce the provisions of this Law or any of is executive regulations or resolutions, or whoever attempts or starts to prevent him form performing his job either by force or violence or by threatening to use force or violence.
  3. An official entrusted with the implementations of the provisions hereof and who disclose any confidential matter in respect of work, or any industrial patent or any other activities of work which may have come to his knowledge, in the course of his assignment, even though he has left the work.

* Amended by Federal Law No. 12 of 1986

 

Article 182

Execution of judgements to pay fines may not be stayed. Fines imposed on the employer shall vary in accordance with the number of employees regarding whom the violation was committed, provided that the total amount of the penalty imposed shall not exceed three times the maximum limit of the fine fixed . The provisions of this Article shall apply on the cases where a violation is committed against the following rules and any regulations and orders issued in implementation thereto :

  1. Violation of the provisions of Article 13.
  2.  Violation of the provisions of Section 2 and 3 of Chapter II.
  3. Violation of the provisions of Chapter III.
  4. Violation of the provisions of Articles 114, 124, 125, 128 129, 142 and 144.

 

Article 183

In the event where an offence is committed again before the lapse of one year form the act of a judgement being rendered against the perpetrator in respect of a similar offence, the Court may inflict the double of the penalty.

 

Article 184

Subject to the provisions stipulated in Articles 34, 41 and 126 criminal proceedings may be filed against the General Manager who is responsible for the management of the establishment and against the employer if circumstances give the belief that he was not unaware of the facts constituting the violation.

 

Article 185

If the employer has not fulfilled his obligations hereunder the competent Labour. Department may issue a decision showing the subject of violation, and instructing the employer to complete the work within a period to be fixed from date on which he has been notified, otherwise the Department shall carry out such work at the expense of the employer and collect costs by way of sequestration.

 

Article 186

In application of the provisions of this Law, the regulations and decisions in execution thereof, the Labour Department shall not in as far as possible, resort to criminal proceedings except after advise and guidance ar given to the employers and employees involved in the violation and when necessary warning is given to them in writing to rectify their situation in accordance with the Law, before initiating any procedure.