Labour Law / 4 min read

Penalty Regulations: How to Draft Them Correctly

Requirements for penalty regulations under Articles 35 to 40: PAM approval, progressive penalties, investigation, and limits on salary deductions.

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Clear penalty regulations make treatment fair for everyone and make your decisions easier. Here are the requirements:

1. Approved and posted

They must be approved by PAM before being applied (Art. 36) and posted in a visible place (Art. 35).

2. Five rules for drafting them (Art. 35)

  • Define each violation and its penalty.
  • Penalties must be progressive.
  • Only one penalty for each violation.
  • No penalty for something discovered more than 15 days ago.
  • A violation outside the workplace is not penalised unless it is related to work.

3. Before any penalty (Art. 37)

  • Give the employee written notice.
  • Hear the employee's account and defence.
  • Keep a record in the employee's file.
  • Notify the employee in writing of the penalty and its reason.

4. Deduction limits

  • No more than 5 days per month; the remainder carries over to the following months (Art. 38).
  • Suspension for investigation is a maximum of 10 days. If the employee is cleared, their wages are restored (Art. 39).
  • Deducted amounts go to a fund for the benefit of workers, not the employer (Art. 40).
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Frequently asked questions

Can I deduct wages as a penalty?

Yes, up to a maximum of 5 days per month (Art. 38).

Is an investigation required?

Yes, written notice and a hearing (Art. 37).

Where does the deducted money go?

To a fund for the benefit of workers (Art. 40).

Sources

  1. Public Authority for Manpower — Labour Law

Reference: Law No. 6 of 2010 and its amendments (90 and 108 of 2013, 32 of 2016, 85 of 2017, and 17 of 2018), according to the updated edition issued by the Public Authority for Manpower (January 2025).

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