Article 181 - Penalties for Violations of the Law
Q. What Penalties Apply for Violations of the Law?
Violators of imperative provisions of this Law or its executive regulations or orders can face penalties of imprisonment for up to six months and/or a fine ranging from three thousand Dirhams to ten thousand Dirhams.
Q. Why are These Penalties Imposed?
These penalties deter violations, promoting adherence to labour laws and ensuring fair and lawful treatment of workers.
Article 182 - Policy on Enforcement of Fine Rulings
Q. What is the Policy on Enforcement of Fine Rulings?
Fine rulings are enforced without stay. If an employer commits an offence against multiple workers, the fine is multiplied by the number of affected workers, with a maximum limit of three times the prescribed fine.
Q. Why is This Policy in Place?
Enforcing fines promptly and proportionately emphasizes the seriousness of violations, encourages compliance, and ensures that fines are commensurate with the scale of the offence.
Article 183 - Doubling Penalties in Certain Cases
Q. Why Can Penalties be Doubled in Certain Cases?
If a similar offence is committed within a year of a prior conviction, the penalty may be doubled.
Q. Why is Doubling Penalties Possible?
Doubling penalties for repeat offences emphasizes the importance of compliance, discouraging repeat violations within a short timeframe.
Article 184 - Responsibility for Offences
Q. Who is Held Responsible for Offences?
Penal proceedings are initiated against the manager in charge of the firm. They may also be initiated against the firm owner if there's reason to believe they were aware of the offence.
Q. Why is This Allocation of Responsibility Important?
Holding managers and, in some cases, firm owners accountable ensures that those responsible for workplace violations face appropriate consequences, promoting accountability within organizations.
Article 185 - Consequences of Employer's Failure to Fulfill Obligations
Q. What Happens if an Employer Fails to Fulfill Obligations?
If an employer doesn't fulfill obligations under this Law, the labour department may issue an order specifying the violation and instructing the employer to remedy it within a specific period. If not remedied, the department may perform the required remedial work at the employer's expense and recover costs via attachment.
Q. Why is This Enforcement Method Used?
This method incentivizes prompt correction of violations, ensuring that employers fulfill their obligations and that any necessary remedial actions are taken in a timely manner.
Article 186 - Delayed Initiation of Penalties in Some Cases
Q. Why is Penalties Initiation Delayed in Some Cases?
In applying the Law's provisions, the Labour Department refrains from initiating penal action until providing advice, guidance, and written warnings to employers and workers who commit violations.
Q. Why is This Approach Adopted?
This approach prioritizes education and cooperation, offering employers and workers opportunities to rectify violations before imposing penalties, fostering a culture of compliance.
