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Can a UAE employer suspend a worker during an investigation?

Last updated

Yes, for up to 30 days, with half the wage withheld. Article 40 of Federal Decree-Law No. 33 of 2021 allows it when the investigation requires. If the case is closed, the worker is cleared or the penalty is a warning, the withheld half is paid back.

On this page
  1. Suspension for a criminal accusation
  2. Suspension as a penalty is different
  3. How SupaJack Construct records it
  4. Related tools and guides
  5. Questions people ask

Suspension for a criminal accusation

Where the worker is accused of a crime against a person, of a financial nature, or involving honour or trust, the employer may suspend until a final judgment, with the wage suspended. If the worker is not tried, is acquitted, or the case is closed for lack of evidence, the worker returns to work and receives the full suspended wage.

Suspension as a penalty is different

Article 39 separately allows suspension without pay for up to 14 days as a disciplinary penalty, after the investigation and only once for the violation.

How SupaJack Construct records it

The withheld half wage appears as its own payslip line. If the worker is cleared, the repayment can be made as an off-cycle payment, and both entries stay on the employee's payroll history.

Related tools and guides

See the UAE labour law guide for contractors, the final settlement calculator, the gratuity calculator, the annual leave calculator, the unpaid leave deduction calculator, payroll and WPS in SupaJack Construct, time and attendance and the meaning of basic salary.

Worked example

A storekeeper on AED 4,000 a month is suspended for 20 days while missing stock is investigated. He receives half pay for those days, losing about AED 1,333. The investigation clears him, so the employer repays the AED 1,333.

Questions people ask

How long can an investigative suspension last?

Up to 30 days.

Is the worker paid during it?

Half the wage is withheld, the other half paid.

Is the withheld wage repaid if cleared?

Yes, or if the penalty is only a warning.

Sources

  1. Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relationship (MOHRE, consolidated)
  2. Employment laws and regulations in the private sector (u.ae)

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