Law No. (6) of 2012

Concerning

Management of the Human Resources of Local Paramilitary

Personnel in the Emirate of Dubai[1]

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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

The Dubai Police Law of 1966 and its Implementing Bylaw No. (1) of 1984;

Law No. (27) of 2006 Concerning Management of the Government of Dubai Human Resources and its amendments;

Law No. (2) of 2008 Concerning Management of the Human Resources of Local Paramilitary Personnel of the Government of Dubai and its amendments;

Law No. (21) of 2008 Concerning Pensions and Social Security of Local Paramilitary Personnel of the Government of Dubai;

Law No. (28) of 2009 Concerning the Appointment of Retirees in Government Entities of the Emirate of Dubai;

Decree No. (3) of 2007 Determining Salaries and Benefits of Local Paramilitary Personnel of the Government of Dubai;

Resolution No. (3) of 2008 Determining the Departments Governed by Law No. (2) of 2008 Concerning Management of the Human Resources of Local Paramilitary Personnel of the Government of Dubai;

Resolution No. (4) of 2008 Forming the Dubai Paramilitary Human Resources Committee;

Executive Council Resolution No. (25) of 2006 Establishing the Division for Pensions and Social Insurance of Local Paramilitary Personnel of the Government of Dubai; and

Executive Council Resolution No. (4) of 2007 Concerning Local Paramilitary Personnel of the Government of Dubai,

 Do hereby issue this Law.

Section One

Title of the Law, Definitions, and Scope of Application

 

Title of the Law

Article (1)

This Law will be cited as “Law No. (6) of 2012 Concerning Management of the Human Resources of Local Paramilitary Personnel of the Emirate of Dubai”.

Definitions

Article (2)

The following words and expressions, wherever mentioned in this Law, will have the meaning indicated opposite each of them unless the context implies otherwise:

UAE:

The United Arab Emirates.

Emirate:

The Emirate of Dubai.

Ruler:

His Highness the Ruler of Dubai.

Government:

The Government of Dubai.

Chief:

The Chief of Police and General Security.

Department:

Any paramilitary or disciplined civilian entity to which the provisions of this Law apply.

Director General:

The commander-in-chief or director general of a Department, or a person in a similar position.

Pensions Division:

The Division for Pensions and Social Insurance of Local Paramilitary Personnel of the Government of Dubai established pursuant to the above-mentioned Executive Council Resolution No. (25) of 2006.

Human Resources Directorate:

The Organisational Unit responsible for the affairs of the Staff Members of a Department.

Organisational Unit:

A directorate, security station, division, or section of a Department; or a similar unit.

Staff Member:

A male or female person who occupies a budgeted post in a Department and who holds a paramilitary rank.

High-ranking Officer:

A Staff Member whose paramilitary rank is not lower than Lieutenant Colonel.

Officer:

A Staff Member whose paramilitary rank is not lower than Lieutenant and not higher than Major.

Non-commissioned Officer:

A Staff Member whose paramilitary rank is not lower than First Constable and not higher than First Warrant Officer.

Entry-level Member:

A Staff Member whose paramilitary rank is Constable.

Paramilitary Trainee:

Any person who is appointed to a Department and is enrolled in a foundation course at one of the accredited paramilitary or police schools, colleges, or institutes within or outside of the UAE to qualify, after graduation, for a budgeted post in a Department, in accordance with the provisions of this Law.

Cadet:

A student who is enrolled in an accredited police or academic university, college, or institute, or any other educational institution within or outside of the UAE, to obtain a university or equivalent degree. This includes Scholars who study to qualify as pilots or fire-fighters.

Staff Member’s Family:

The spouse and children of a Staff Member.

Scholar:

A Staff Member who is granted study leave to obtain an academic qualification higher than the General Secondary School Certificate, whether his study is self-funded, or funded by a Department or any other entity.

Martyr:

A Staff Member who dies while engaging in armed combat with criminals, wanted persons, smugglers, or infiltrators.

A person will be deemed a Martyr if he dies:

1.     while on a mission to maintain security and safety;

2.     while performing fire-fighting or rescue operations;

3.     while engaging in live ammunition training or exercises, or fire-fighting or rescue drills;

4.     in an aviation accident or a ship, boat, or other vehicle accident resulting from security training or exercises;

5.     in an air landing or diving accident; or

6.     in a mines or explosives accident.

UAE National:

Any person holding the UAE nationality.

Total Salary:

The monthly salary of a Staff Member, which consists of a Basic Salary and a general allowance.

Basic Salary:

A portion of the monthly salary equal to fifty percent (50%) of the Total Salary.

Aggregate Salary:

The Total Salary plus all other allowances to which the Staff Member is entitled pursuant to this Law and the resolutions issued in this respect.

Year:

A year measured based on the Gregorian calendar.

Disciplinary Board:

The board formed within a Department to take disciplinary action against Staff Members who violate the provisions of this Law or the relevant legislation in force.

Grievances and Complaints Committee:

The committee formed at a Department to determine the grievances and complaints filed by Staff Members.

Medical Committee:

The committee formed pursuant to a resolution of Dubai Paramilitary Human Resources Committee.

Demotion of Rank:

Reducing the paramilitary rank to Constable.

Scope of Application of the Law

Article (3)

a.     The provisions of this Law apply to all local UAE and non-UAE national Staff Members working in the Departments specified in the above-mentioned Resolution No. (3) of 2008 or in any other Department to be determined by the relevant resolution of the Chief.

b.    The civilian employees of the Departments referred to in paragraph (a) of this Article will be governed by the Government of Dubai Human Resources Management Law No. (27) of 2006 and its amendments.

Role of Human Resources Directorates in Implementing the Law

Article (4)

a.     The Human Resources Directorate of a Department must apply and implement the human resources policies and provisions stipulated in this Law.

b.    All Organisational Units of a Department must consult with the Human Resources Directorate regarding the technical issues related to human resources.

c.     All Organisational Units of a Department are responsible for thoroughly understanding the human resources policies and for ensuring the fair, consistent, non-discriminatory, and non-biased application of these policies to Staff Members in order to create a motivating and performance-driven culture. They must also consult with the Human Resources Directorate in case of any uncertainty regarding the application of this Law.

Section Two

Code of Professional Conduct

Work Relations

Article (5)

Departments must maintain a healthy and safe work environment in which both institutional and individual objectives can be achieved. Departments must strive to maintain a work environment that:

1.     recognises the individual differences and cultural diversity of Staff Members;

2.     provides equal development opportunities based on performance outcomes;

3.     motivates Staff Members to contribute suggestions related to the development of objectives and improvement of services;

4.     is safe, fair, and equitable; and satisfies the basic needs of Staff Members;

5.     is free from harassment, discrimination, and favouritism; and

6.     motivates Staff Members to provide and adopt creative and innovative ideas.

Personal Responsibility

Article (6)

A Staff Member must comply with the standards of professional ethical conduct in accordance with the nature of his job. In particular, the Staff Member must:

1.     comply with all the legislation in force in the Emirate, including the laws, bylaws, resolutions, and instructions related to the performance of official duties;

2.     act in a manner that enhances and protects the reputation of the UAE in general;

3.     dedicate his time and effort to performing his duties as stipulated by this Law;

4.     perform any duty or job assigned to him with accuracy and integrity, and assume responsibility for the orders he gives;

5.     abide by ethical standards, with a view to meeting legal and procedural requirements;

6.     treat his colleagues with courtesy, respect their rights and duties, and cooperate with them in performing the duties required to ensure the proper flow of work;

7.     deliver outstanding quality services to internal and external stakeholders and maintain a professional, friendly, and helpful attitude in dealing with the public;

8.     avoid any waste, or extravagant use, of public resources;

9.     not misuse, or seek to misuse, any information acquired in the course of performing his official duties;

10.  pay due respect to those with higher ranks in accordance with the rules and principles of paramilitary order and discipline;

11.  uphold his reputation and the reputation of his Department and post, and avoid raising any suspicions; and

12.  not exploit his post or the relationships which he has established in the course of performing his duties to inappropriately influence or interfere with any anticipated actions of competent investigation entities within or outside the Department.

Relationships among Staff Members

Article (7)

a.     A Department Staff Member will be subordinate to other Staff Members of higher ranks. Within equal ranks, a Staff Member will be subordinate to other Staff Members who have been holding the rank before him. A Staff Member may not assume charge in the presence of another Staff Member who is senior to him or of a higher rank.

b.    A Staff Member must, at all times and within the scope of his duties, obey all lawful orders given to him by his superiors; and must exert his utmost efforts to implement these orders.

c.     If an unlawful order is given to a Staff Member, he may disobey it without prejudice to the rules and principles of paramilitary order and discipline.

Committing Crimes

Article (8)

In addition to the measures and penalties prescribed by the legislation in force, a Staff Member who commits a crime punishable by law will be subjected to any of the disciplinary penalties prescribed in this Law.

Disclosure of Information

Article (9)

a.     During his service period and thereafter, a Staff Member must not disclose any written or verbal information which is confidential by nature or pursuant to any relevant instructions, whether it relates to the Staff Member's Department or to any other person or entity, unless he obtains a prior written permission from the concerned Department or is requested by a judicial authority to disclose this information.

b.    The information referred to in paragraph (a) of this article includes any messages, maps, reports, drawings, presentations, specifications, models, licences, agreements, or other documents, regardless of their nature.

c.     Upon termination of his service with a Department, a Staff Member must immediately return all military property in his custody and any documents, papers, files, materials, tapes, discs, programmes, or other property that belongs to his Department or any other entity whether or not it contains confidential information.

d.   For the purposes of this Article, all Staff Members must sign a Confidentiality and Non-disclosure Undertaking.

Relationship with the Public

Article (10)

A Department must serve the public in a professional manner that ensures satisfying the needs of its clients by establishing distinguished relations with them. To achieve this objective, Staff Members must:

1.     exert their utmost efforts to best serve the public in accordance with the standards and procedures prescribed by the Government;

2.     remain impartial in their dealings with the public, and not engage in any promotional activity related to any client;

3.     wear any uniform prescribed by their respective Departments and carry identification cards where required; and

4.     reject any attempt by a stakeholder or supplier to offer inducements or other personal benefits in exchange for favours or special treatment; and, in any case, report any such attempt to the competent authorities in their Departments.

Gifts and Bribes

Article (11)

a.     Subject to the legislation in force which criminalises accepting, receiving, giving, requesting, or offering bribes, all Staff Members of Departments must avoid all types of bribery or corruption.

b.    For the purposes of this Law, bribery includes the acceptance of any sum of money, any service, or anything of either material or moral value in return for providing a specific service that may disturb the ordinary course of business; taking illegal or improper action; or performing or expediting any work that a Staff Member is required to perform as part of his duties.

c.     A Department must investigate all suspected or reported cases of bribery or corruption. If an investigation confirms, or if there is strong evidence, that a Staff Member has paid, accepted, received, requested, given, or offered a bribe, he will be referred to the competent judicial authorities and subjected to the appropriate disciplinary actions.

d.    It is strictly forbidden for a Staff Member to accept any gift of material value unless that gift is for promotional purposes, is of nominal value, and bears the logo and name of the entity presenting it.

e.     A Department will designate the entity that may accept gifts on its behalf. These gifts will be distributed at the Department’s discretion.

f.      Gifts can only be given or distributed in the name of the Department and by the party designated by the Department.

Political Activism

Article (12)

Staff Members are prohibited from engaging in any political activism; or joining any party or local, regional, or international society, association, or organisation, based within or outside of the UAE, which has political or illegal objectives.

Conflict of Interest

Article (13)

While performing his duties, a Staff Member must avoid any conflict of interest between his personal interests and the Government interests and operations, and must avoid any act in respect of which allegations of conflict of interest can be made. In particular, the Staff Member must not:

1.     participate in any act, disposition, or decision making process that influences, directly or indirectly, the success of a contractor, supplier, or project in which he, his spouse, or any of his relatives up to the fourth degree, has an interest;

2.     participate in any act, disposition, or decision making process that may be of benefit to him, his spouse, or any of his relatives up to the fourth degree;

3.     participate in any act, disposition, or decision making process which influences, directly or indirectly, the success of a contractor, supplier, or project in which the Staff Member, his spouse, or any of his relatives up to the fourth degree, is a partner in any way; and which may lead to the Staff Member acquiring a percentage, share, or direct or indirect benefit;

4.     misuse his post, or disclose any information acquired in the course of his service with the Department, to achieve specific goals or to obtain favours or special treatment; or

5.     solicit or accept favouritism in any matter related to his post, or seek favouritism for any other person in such a matter.

Working for Third Parties and Conducting Business Activities

Article (14)

a.     UAE National and non-UAE national Staff Members are prohibited from working for a third party, whether on a paid or unpaid basis, without the prior written approval of their Departments.

b.    Non-UAE national Staff Members will be prohibited from owning any establishment or shares in any company, except for public joint stock companies, without the prior written consent of their Departments.

c.     UAE National Staff Members may own any establishment or shares in any company, and may manage such company or establishment subject to the following conditions:

1. Work must be performed outside the Staff Member's official working hours.

2. The Staff Member’s private work must not adversely affect the performance of his employment duties or the interests of his Department.

3. The private work must not be related in any manner to the Staff Member's official post and must not affect or be affected by it.

Communications Principles

Article (15)

In implementing its internal and external communications policy, the Government will mainly rely on the principles of responsibility, efficiency, transparency, and partnership in order to ensure the provision of the best services to the public.

Internal Communications

Article (16)

A Department must openly communicate its strategy, objectives, needs, and expectations to its Staff Members and ensure that communication on all work-related issues is a two-way process, involving managers and their subordinates, wherein Staff Members are encouraged to make effective contributions. For this purpose, the Department must clearly announce its own communications policy and guidelines through publications, notice boards, announcements, electronic mails, work team meetings, periodical meetings, or any other means.

External Communications

Article (17)

a.     A Department will be responsible for managing its external communications with local, regional, and international entities in accordance with its internal bylaws and in accordance with the relevant policies and directives issued by the Government.

b.    A Staff Member who is assigned to communicate with the external parties referred to in paragraph (a) of this Article must project a highly professional image.

Press Statements

Article (18)

a.     A Department must designate a Staff Member to give any press statements related to its activities, mode of operation, and strategy.

b.    A Staff Member must refrain from making any public statements or comments, whether to the media or otherwise, on any matter relating to the Department policies and programmes if these comments or statements can be considered inappropriate or be detrimental to the work of the Department. In particular, the Staff Member must avoid the following, without limitation:

1.     making any negative comments about the Department policies and programmes which are developed or implemented with participation of the Staff Member;

2.     stating or declaring in an official capacity negative opinions or conclusions about Department policies; and

3.     making negative comments or statements about the senior management of the Department, and the Department’s mode and methods of operation.

c.     A Department must encourage and provide internal forums through which Staff Members can participate in their official capacity in giving feedback on the processes and action plans of the Department.

Section Three

Work Environment

Official Working Days and Hours

Article (19)

a.     The official working days and hours will be Sunday to Thursday from 7:30 to 14:30. Fridays and Saturdays will be weekly rest days. This does not apply to working hours during crises, emergencies, and special occasions.

b.    Where required, the Director General may make variations to working days and hours of all or certain posts at the Department.

c.     During the holy month of Ramadan, official working hours will be from 09:00 am to 14:00 pm. A Department must make its own work shift schedules to suit its work requirements during this month.

d.    Based on its work needs and requirements, a Department may adopt a work shift system.

e.     Where required, an immediate supervisor may assign overtime to his subordinates.

In any event, a Department must announce to the public, through appropriate channels, the official working hours and weekly rest days for each of its Organisational Units.

Public Holidays

Article (20)

A Department will observe the public holidays declared under official announcements issued by the competent entities in the UAE. The Department must issue a circular specifying the exact dates and number of days for the holiday, taking into account the nature of work of vital Organisational Units that require twenty-four (24) hours of operation.

Attendance and Punctuality

Article (21)

a.    A Staff Member must abide by the approved official working hours to avoid disrupting the proper provision of services or placing extra workload on fellow Staff Members as a result of being absent or late.

b.    A Staff Member must abide by the working hours mandated by extraordinary circumstances, special occasions or events, crises, and emergencies.

c.     Where a Staff Member is unable to report to work on time, or if he reports to work but fails to duly perform his duties, he must notify his immediate supervisor of the same.

d.    A Department must take disciplinary action against any Staff Member who repeatedly fails to report to work, or reports late to work, without a reason acceptable to his immediate supervisor. The Department must issue an applicable attendance bylaw that meets its needs in this respect.

Maintaining Appropriate General Appearance

Article (22)

a.     During official working hours, a Staff Member must wear the paramilitary uniform as prescribed by the paramilitary appearance standards.

b.    Where his work requires that he does not wear the paramilitary uniform, a Staff Member must observe an appropriate and decent appearance, and dress in a manner which is suitable for the requirements of his work.

Professional Membership

Article (23)

a.     Subject to the provisions of Article (12) of this Law, a Staff Member is prohibited from joining, becoming a member of, or subscribing to professional syndicates, societies, or associations, or similar entities, without the prior written consent of the Department.

b.    The Department will be liable to pay any fees or subscriptions for the membership of the Staff Member in any professional syndicate, society, association, or similar entity; and for obtaining his professional licence, within or outside the UAE, if that membership or licence is a condition or requirement for performing the Staff Member’s employment duties, or is related to his work.

Use of Vehicles and Machines

Article (24)

a.     A Department must not allow any of its Staff Members to drive a vehicle or machine owned by it unless he holds the relevant driving licence in accordance with the procedures and standards applicable in this respect.

b.    A Staff Member will be responsible for obtaining and renewing the vehicle or machine driving licence and paying all resulting costs, unless his Department decides otherwise.

c.     When using Department-owned vehicles or machines, a Staff Member must exercise caution and care and follow all approved operating and safety guidelines and standards. The Staff Member must notify his immediate supervisor or the concerned entity of any breakdown or failure of vehicles or machines.

d.    The Department may take disciplinary action against a Staff Member if it is established that he has used any vehicle or machine in an improper, unsafe, negligent, or destructive manner.

e.     A Department must issue the instructions and requirements for use of the vehicles and machines it owns, and a Staff Member must comply with these instructions and requirements and sign a written undertaking to this effect before using these vehicles or machines.

f.      Subject to liability, a Staff Member must not allow any person who is not authorised by the Department to use or drive the vehicles and machines owned by the Department.

Government Property

Article (25)

a.     A Staff Member will be responsible for the safe keeping of all the Department property, materials, or equipment provided to him or placed under his custody or control; and must not use them for personal reasons unless he is authorised in advance by the concerned entity at his Department.

b.    Security and safety equipment and materials, military property under custody, and all similar items are the property of the Government; and may be used by a Staff Member only within the scope of performing his duties.

c.     Upon the termination of his employment, a Staff Member must return all Government property delivered to him or in his possession, and obtain a clearance certificate, before the release of his financial entitlements.

d.    Should a Staff Member cause damage to the Department property either deliberately or due to negligence or omission, he will be subject to the relevant disciplinary action and criminal and civil liability.

e.     A Department may deduct from a Staff Member’s financial entitlements the cost of any materials, equipment, or property damaged or lost by him, or not returned by him to the Department upon its request. The Department may also take any action it deems appropriate to recover or protect these materials, equipment, or property.

Section Four

Human Resources Planning

Article (26)

a.       A Department will prepare an organisational structure which is aligned with its functions and needs. This organisational structure, or any amendment thereto, must be approved by the Chief.

b.       A Department will have an annual human resources budget based on its approved organisational structure. This budget must include:

1.     the number of Staff Members required for each paramilitary post and rank;

2.     the expected date of appointment for each paramilitary post and rank; and

3.     the actual number of Staff Members in each paramilitary post and rank.

c.       The human resources budget of a Department will be part of its annual budget, which is approved by the Ruler or His authorised representative.

d.       A Director General or his authorised representative may make any amendments to the annual human resources budget referred to in paragraph (b) of this Article by adding, cancelling, or reallocating financial appropriations between posts, provided that these amendments are within the approved annual budget of the Department.

Job Designing

Article (27)

A Department must effectively design all its posts in order to ensure focus on its key objectives and operations; and to guarantee that all duties of the Department are covered, and that there is no overlap between the different posts.

Development of Job Descriptions

Article (28)

Heads of Organisational Units must, in coordination with the Human Resources Directorate, develop job descriptions for all posts in these units; and ensure that these job descriptions are regularly updated based on the latest developments and conditions. Organisational Units must ensure that all their Staff Members receive updated copies of these job descriptions clearly stating the objectives, powers, and responsibilities of their posts.

Importance of Job Description

Article (29)

Job description is the basis for employment, career pathing, performance appraisal, planning training and development opportunities, and other related processes.

Identifying Human Resources Needs

Article (30)

a.       When submitting the particulars of their human resources needs, concerned Organisational Units must clearly indicate the required posts and the paramilitary ranks, skills, experience, and academic qualifications required to fill these posts.

b.       A Human Resources Directorate must consider, identify, and approve human resources needs. This identification must be based on the actual need of the Department for posts, paramilitary ranks, and specialisations; and on the approved annual human resources budget.

Determination of Paramilitary Rank upon Appointment

Article (31)

a.     The paramilitary rank to which a Staff Member is entitled upon his appointment will be determined based on his academic qualifications and professional experience in accordance with the following table:

Paramilitary Rank

Academic Qualification

Work Experience

Captain

Doctorate

-

First Lieutenant

Master’s Degree

-

Lieutenant

Bachelor’s Degree

-

First Warrant Officer

Diploma

At least four (4) Years of experience in the field of specialisation

Warrant Officer

Diploma

-

First Sergeant

General Secondary School Certificate

At least eight (8) Years of experience in the field of specialisation

Sergeant

General Secondary School Certificate

At least four (4) Years of experience in the field of specialisation

First Corporal

General Secondary School Certificate

-

Corporal

Second Year of Secondary School

-

First Constable

First Year of Secondary School

-

Constable

Third Year of Preparatory School or Below

-

b.    The Director General may appoint Officers, Non-commissioned Officers, and Entry-level Members based on their experience without the need to comply with the academic qualification requirements referred to in paragraph (a) of this Article.

Appointment to Higher Command Posts

Article (32)

The authority to appoint Staff Members to higher command posts in a Department will be as follows:

1.     Chief or Deputy Chief: Appointment is pursuant to a decree issued by the Ruler.

2.     Director General: Appointment is pursuant to a decree issued by the Ruler upon the recommendation of the Chief.

3.     Deputy Director General and High-ranking Officers: Appointment is pursuant to a resolution issued by the Chief upon the recommendation of the Director General.

Appointment of Officers

Article (33)

a.     Officers will be appointed from amongst Cadets and holders of the university degrees recognised by the official authorities in the UAE in the specialisations required by the Department.

b.    A committee will be formed pursuant to a resolution of the Director General to consider the applications for appointment of Officers.

c.     In the event of a vacancy, an Officer will be appointed pursuant to a resolution of the Director General or his authorised representative.

Requirements for Appointing Officers

Article (34)

To be appointed as an Officer in a Department, a person must:

1.     be a UAE National;

2.     be at least eighteen (18) Years of age;

3.     hold at least a university degree or an equivalent degree from a police college or institute, or from any university or institute recognised by the competent entities in the UAE;

4.     be of good character and repute and not have been sentenced to a custodial penalty for a felony, or sentenced to a penalty for a crime affecting honour or integrity;

5.     meet all the medical fitness requirements prescribed by the medical entities accredited by the Department;

6.     pass all prescribed tests;

7.     be at least one hundred and sixty five centimetres (165 cm) tall;

8.     not have been demoted, dismissed, or removed from service with any security, police, or civil entity;

9.     not be a member of any political organisation or banned association; and

10.  meet any other employment requirements prescribed by the Director General for exceptional cases and circumstances.

Appointment of Non-UAE Officers

Article (35)

a.     Notwithstanding the provisions of Article (34) of this Law, a non-UAE national may be appointed, subject to the approval of the Director General or his authorised representative, as an Officer in the Department serving as an advisor, expert, technician, or researcher under a contract.

b.    The Director General or his authorised representative will prescribe the requirements and rules that must be met by persons appointed as advisors, experts, technicians, or researchers in a Department.

Appointment of Non-commissioned Officers and Entry-level Members

Article (36)

a.       Pursuant to a resolution of the Director General, a committee will be formed and will be in charge of appointing Non-commissioned Officers and Entry-level Members.

b.       Resolutions to appoint Non-commissioned Officers and Entry-level Members will be issued by the Director General or his authorised representative.

Requirements for Appointing Non-commissioned

Officers and Entry-level Members

Article (37)

To be appointed as a Non-commissioned Officer or an Entry-level Member in a Department, a person must:

1.     be a UAE National;

2.     be at least eighteen (18) Years of age;

3.     be of good character and repute and not have been sentenced to a custodial penalty for a felony, or sentenced to a penalty for a another offence affecting honour or integrity;

4.     meet all the medical fitness requirements prescribed by the medical entities accredited by the Department;

5.     pass all prescribed tests;

6.     be at least one hundred and sixty five (165) centimetres tall;

7.     not have been demoted, dismissed, or removed from service with any security, police, or civilian entity;

8.     not be a member of any political organisation or banned association;

9.     have the academic qualifications and work experience stipulated in paragraph (a) of Article (31) of this Law; and

10.  meet any other employment requirements prescribed by the Director General for exceptional cases and circumstances.

Appointment of Non-UAE Nationals as Non-commissioned

Officers and Entry-level Members

Article (38)

Notwithstanding the provisions of Article (37) of this Law, a non-UAE national may be appointed by the Director General or his authorised representative as a Non-commissioned Officer or Entry-level Member under a contract executed with him for this purpose.

Probation Period

Article (39)

a.     Upon joining the service of a Department, a Staff Member in the category of Officers, Non-commissioned Officers, or Entry-level Members will be subject to a probation period of at least six (6) months. If the Staff Member’s performance reports presented at the end of the probation period state that he has obtained a "Partially Meets Expectations" rating or less, he will be notified in writing of that result and will be transferred to another Organisational Unit, in which case the probation period will be extended to another six (6) months.

b.    If the Staff Member’s performance reports presented at the end of the second probation period referred to in paragraph (a) of this Article state that he has obtained the same or lower than his rating for the first probation period, the competent entity in charge of his appointment will be notified to terminate his employment or take any other action as it deems appropriate.

c.     If the Staff Member’s performance reports issued at the end of the probation period referred to in paragraph (a) of this Article state that he has obtained a 'Meets Expectations' rating or higher, the appointment of the Staff Member will be confirmed and his service in the Department will be calculated as of the date of joining.

d.    Where it is found during the probation period or the foundation course that a Staff Member has a disease that precludes his appointment in the Department, his service will be terminated, provided that it is established that he has withheld information about his disease at the time of medical examination and the Medical Committee confirms that he is unfit for service. In this case, the salaries disbursed to the Staff Member will not be recovered.

Seniority of Paramilitary Ranks

Article (40)

A Staff Member's seniority in the paramilitary rank will be determined based on the date of his appointment or promotion as follows:

1.       If appointed for the first time, the seniority amongst appointees will be determined based on the graduation rankings. In the event of equal rankings, seniority will be determined based on higher grades in police subjects and then based on seniority in age.

2.       Seniority amongst Staff Members within the same rank will be determined based on the dates of their promotion to this rank. In the event of same promotion dates, seniority will be determined based on the date of promotion to the previous rank, and then to the preceding ranks. In cases of same rank standing, seniority will be determined based on the date of graduation or appointment.

Taking the Oath

Article (41)

a.       Each Officer, Non-commissioned Officer, and Entry-level Member will, upon his appointment and prior to commencing work or joining the foundation course, take the oath prescribed by the Department before the director of the Human Resources Directorate or his authorised representative, provided that the rank of this representative is not lower than the rank of the appointed Officer. Oath-taking will be documented in an official record, and a copy of this record will be maintained in the Staff Member’s file.

b.       The provisions of paragraph (a) of this Article apply to Cadets prior to their enrolment in for study.

Obligation to Remain in Service

Article (42)

A UAE Officer, Non-commissioned Officer, or Entry-level Member must serve with the Department for a period of five (5) consecutive Years, during which he will not be allowed to leave service. The Director General or his authorised representative may reduce this period.

Foundation Courses

Article (43)

Upon joining a Department, Officers, Non-commissioned Officers, and Entry-level Members must attend a foundation course. The Human Resources Directorate must ensure that foundation courses are designed for new Staff Members based on their specialisations and the posts to which they are appointed.

Exemption from or Postponement of Foundation Courses

Article (44)

a.       The Director General or his authorised representative may exempt a Staff Member who has attended a previous training course from enrolment in the prescribed foundation course, and may require the Staff Member to enrol in any other suitable course.

b.       Without prejudice to the relevant applicable legislation, a Paramilitary Trainee will be exempt from completing the prescribed foundation course if he sustains an injury that results in total or partial disability during or on account of his service. In this event, the Paramilitary Trainee will be granted the rank that he is eligible for under this Law with effect from the date of the injury, provided that he states his wish to remain in service and that this wish is approved by the Department.

c.       A Director General or his authorised representative may postpone the date of enrolment in a foundation course by a Paramilitary Trainee.

First-time Appointment and Reappointment

Article (45)

a.     Once a Staff Member's appointment decision is issued, he will be subject to the relevant legislation applicable to his Department.

b.    A Staff Member appointed for the first time in a Department will be granted the Total Salary allocated for the paramilitary rank he holds.

c.     Without prejudice to the relevant legislation in force, a Staff Member reappointed in a Department after the end of his service therein will be treated as a newly appointed Staff Member. At any event, the reappointed Staff Member must meet the appointment requirements stipulated in this Law.

d.    A Department may appoint UAE-national Officers, Non-commissioned Officers, and Entry-level Members with special needs or with minor congenital disabilities who hold academic qualifications and have outstanding skills and experience to posts that suit their health conditions. In that case, they must be enrolled in suitable qualifying courses.

e.     A Department appointing Staff Members in the category referred to in paragraph (d) of this Article must provide them with all the means required for performing their job duties, and ensure that their work environment suits their special needs.

f.      Staff Members in the category referred to in paragraph (d) of this Article will be appointed pursuant to a resolution of the Director General in accordance with the rules and conditions prescribed by the Dubai Paramilitary Human Resources Committee.

g.    The Staff Members appointed in accordance with the provisions of paragraph (d) of this Article may not apply for disability retirement.

Conditions for Appointment of Cadets

Article (46)

a.     Subject to the requirement to hold a general secondary school certificate with a grade of no less than seventy percent (70%), the same conditions set forth in Article (37) of this Law apply to the appointment of a Cadet.

b.    A Cadet will be granted the rank of lieutenant once he receives the qualification for which he enrolled in the educational institution.

Section Five

Promotion

General Provisions of Promotion

Article (47)

Promotion will be granted based on the vacant paramilitary ranks in the Department.

Salary Payable upon Promotion

Article (48)

A promoted Staff Member of a Department will be entitled, as of the date of his promotion, to the Total Salary of the paramilitary rank to which he is promoted or to his Total Salary before the promotion, whichever is higher.

Formation of Promotions Committee

Article (49)

Pursuant to a resolution of the Director General or his authorised representative, a committee comprised of High-ranking Officers will be formed to consider the nominations for promotion submitted by the immediate supervisors of Staff Members in a Department.

Timeframes for Promotion of Officers

Article (50)

To be eligible for promotion to a higher paramilitary rank, a High-ranking Officer or an Officer must serve for the following minimum period in the current rank he holds:

1.      

Promotion from lieutenant general to general

Unspecified period

2.      

Promotion from major general to lieutenant general

Unspecified period

3.      

Promotion from brigadier to major general

Unspecified period

4.      

Promotion from colonel to brigadier

Unspecified period

5.      

Promotion from lieutenant colonel to colonel

Unspecified period

6.      

Promotion from major to lieutenant colonel

Five Years

7.      

Promotion from captain to major

Four Years

8.      

Promotion from first lieutenant to captain

Four Years

9.      

Promotion from lieutenant to first lieutenant

Four Years

Timeframes for Promotion of Non-commissioned

Officers and Entry-level Members

Article (51)

To be eligible for promotion to a higher paramilitary rank, a Non-commissioned Officer or an Entry-level Member must serve for the following minimum period in the current rank he holds:

1.     Promotion from first warrant officer to lieutenant

Five Years

2.     Promotion from warrant officer to first warrant officer

Four Years

3.     Promotion from first sergeant to warrant officer

Four Years

4.     Promotion from sergeant to first sergeant

Four Years

5.     Promotion from first corporal to sergeant

Four Years

6.     Promotion from corporal to first corporal

Four Years

7.     Promotion from first constable to corporal

Three Years

8.     Promotion from constable to first constable

Three Years

Competent Promotion Authority

Article (52)

Subject to the provisions of this Law, the power to promote a Staff Member will be as follows:

a.       A High-ranking Officer: Promotion under a resolution of the Chief issued upon the recommendations of the Director General.

b.       An Officer: Promotion under a resolution of the Director General.

c.       A Non-commissioned Officer or Staff Member: Promotion under a resolution of the Director General or his authorised representative.

Grounds and Cases for Promotion

Article (53)

a.     Promotion will be granted based on the following grounds and in the following cases:

1.     completion of the periods prescribed for promotion in Articles (50) and (51) of this Law;

2.     promotion by selection based on competency, subject to lapse of half the period prescribed for promotion;

3.     seniority in the paramilitary rank; and

4.     receiving an annual competency rating not lower than “Meets Expectations”.

b.    The Director General or his authorised representative may establish grounds and cases for promotion other than those stipulated in paragraph (a) of this Article in accordance with work needs and conditions and in light of the special considerations related to each paramilitary rank.

Evaluation of Competency

Article (54)

The competency of a Staff Member will be evaluated based on:

1.     the annual competency report;

2.     passing the training courses or finishing the studies prescribed by the Department; and

3.     any outstanding achievements during the period of service.

Exceptional Promotion

Article (55)

a.     In exceptional cases, the minimum period prescribed for promotion, as referred to in Articles (50) and (51) of this Law, may be reduced pursuant to a resolution of the Director General.

b.    Pursuant to a resolution of the Director General, a Staff Member may be exceptionally promoted up to two (2) ranks higher than his current rank, provided that he performs notable work or outstanding services worthy of appreciation. In any event, the rank to which a Staff Member is exceptionally promoted must not be higher than major.

Special Promotion

Article (56)

a.     A Staff Member will be promoted to the next higher paramilitary rank, even if he does not meet the promotion requirements stipulated in this Law, if he dies as a martyr; is formally deemed a martyr; or dies or sustains total disability during or on account of his service. In that case, promotion will take effect as of the day preceding the date of martyrdom, death, or total disability.

b.    A Staff Member will be promoted to the next higher paramilitary rank as of the day preceding the date of his death in service if he has completed the minimum period prescribed for promotion under this Law, even if he does not meet the promotion requirements stipulated in this Law.

c.     A Staff Member to be retired will be promoted to the next higher paramilitary rank if he completes half the prescribed service period in his current rank prior to retirement.

d.    A Cadet will be promoted to the rank of lieutenant if he dies as a martyr; is formally deemed a martyr; or dies or sustains a total disability during or on account of his study. The actual service period of the Cadet will be calculated as of the date on which he is enrolled to study.

e.     A Paramilitary Trainee will be promoted to the next higher paramilitary rank if any of the cases referred to in paragraph (a) of this Article applies to him.

f.      For the purposes of this Article, a Staff Member will receive the financial entitlements of the paramilitary rank to which he is promoted or the financial entitlements of his paramilitary rank before promotion, whichever is higher.

g.    Notwithstanding the provisions of this Article, a Staff Member, Cadet, or Paramilitary Trainee may not be promoted if his death or injury is caused by:

1.     the Staff Member, Cadet, or Paramilitary Trainee deliberately harming himself or taking his own life; or

2.     the Staff Member, Cadet, or Paramilitary Trainee committing an indecent and premeditated act. This includes injury or death under the influence of intoxicants, drugs, or psychotropic substances consumed without a lawful excuse.

Promotion Due to Receiving Academic Qualifications

Article (57)

Notwithstanding the provisions of this Law, a UAE-national Staff Member may be promoted to the next higher paramilitary rank if he obtains an academic qualification in a specialisation needed by the Department which is higher than the qualification based on which he has been appointed. This promotion will be subject to the rules prescribed by the Department in this respect.

Suspension of Promotion

Article (58)

No promotion may be granted to a Staff Member who is suspended from service or referred to any disciplinary or criminal court. If the Staff Member is acquitted or is proved not guilty for the charges attributed to him, his seniority in the paramilitary rank to which he is promoted must be calculated from the date on which he should have been promoted.

Section Six

Salary, Increments, Allowances, Bonuses, and Benefits

Salary and Increments

Article (59)

a.     The Total Salary, periodic increments, and other allowances and increments to which a Director General, UAE National and non-UAE national Staff Members, and Paramilitary Trainees are entitled will be determined pursuant to a resolution issued by the Ruler in this regard.

b.    A monthly remuneration will be paid to a Cadet. The amount of this remuneration will be determined pursuant to a resolution to be issued by the Ruler.

General Policy for Granting Bonuses and Employment Benefits

Article (60)

a.     A Department must seek to achieve the optimal productivity at the lowest feasible cost. Accordingly, the increments, bonuses, and employment benefits stipulated in this Law and the resolutions issued in this respect should be granted to Staff Members in a manner that ensures achieving high efficiency and outstanding performance.

b.    The amounts of increments, allowances, and employment benefits stipulated in this Law and the resolutions issued in this respect may be amended and new increments, allowances, and benefits may be introduced under a resolution issued in this respect by the Ruler upon the recommendations of the Dubai Paramilitary Human Resources Committee.

Paramilitary Ranks

Article (61)

a.     A Department will have a unified table of the paramilitary ranks and salaries of its Staff Members.

b.    Posts in a Department will be divided into three (3) classification categories, each comprising a range of paramilitary ranks as follows:

Category

Paramilitary Rank

Classification

Category 1

General

High-ranking Officers

Lieutenant General

Major General

Brigadier

Colonel

Lieutenant Colonel

Category 2

Major

Officers

Captain

First Lieutenant

Lieutenant

Category 3

First Warrant Officer

Non-commissioned Officers and Entry-level Members

Warrant Officer

First Sergeant

Sergeant

First Corporal

Corporal

First Constable

Constable

Retirement

Article (62)

UAE National Staff Members will be enrolled in the pension scheme adopted by the Pensions Division.

Joining and Repatriation Tickets

Article (63)

A Non-UAE national Staff Member recruited from outside of the UAE will be entitled to:

1.     a joining air ticket to the Emirate, for the Staff Member and his eligible family members, from the nearest international airport to his place of residence in the country of which he holds citizenship at the time of contracting. The ticket will be on the travel class specified in his employment contract. The Director General or his authorised representative may, upon a request from the Staff Member, approve that the joining ticket be for a flight from a destination other than the country of which he holds citizenship; and

2.     a repatriation air ticket, for the Staff Member and his eligible family members, from the Emirate to the nearest international airport to his place of residence in the country of which he holds citizenship at the time of contracting. The Staff Member will be entitled to the ticket, which will be on the travel class specified in his employment contract, upon the end of his service for any reason whatsoever.

Personal Belongings Shipping Allowance

Article (64)

A Staff Member who is in Category 1 or Category 2, as stipulated in paragraph (b) of Article (61) of this Law, and who is recruited from outside of the UAE, will be disbursed a cash allowance equal to the costs of the shipping of a 20-feet container, including insurance costs, to transport his personal belongings and household items from his home country to the Emirate. This allowance will also be paid to the Staff Member upon the end of his service with the Department for any reason.

Cases of Non-entitlement of Staff Members

Recruited from outside of the UAE to Employment Benefits

Article (65)

A Staff Member recruited from outside of the UAE who resigns to join another post in the UAE will not be entitled to any repatriation benefits. In addition, a Staff Member who is recruited from within the UAE will neither be entitled to the repatriation air tickets stipulated in paragraph (2) of Article (63) of this Law nor to the personal belongings shipping allowance stipulated in Article (64) of this Law.

Staff Members Entering the UAE on Visit Visas

Article (66)

A non-UAE national Staff Member who is extended his employment offer by the Department while on a visit visa to the UAE will not be entitled to any of the joining or repatriation benefits stipulated in this Law, except where he is brought into the UAE on that visit visa by the Department as part of his selection and recruitment process.

Deduction of Amounts Owed to Departments

Article (67)

A Department is entitled to deduct from the monthly salary of a Staff Member any amount owed to the Department as a result of overpayment in salary, increments, allowances, or employment benefits; or any other amounts deductible under this Law or any relevant regulations or bylaws, provided that the deduction does not exceed twenty-five percent (25%) of the Total Salary.

Section Seven

Performance and Bonuses

Objectives of the Performance Management System

Article (68)

The Government will apply in Departments a performance management system based on the performance of Staff Members and their Organisational Units, with a view to promoting individual achievements and teamwork spirit. This system particularly aims to:

1.     ensure that individual targets are aligned with the Department targets;

2.     ensure continuous improvement of the individual performance of Staff Members by regularly evaluating their contributions and development against the established targets;

3.     provide a basis for rewarding achievements and the accomplishment of results;

4.     stimulate continuous learning to develop human resources;

5.     develop effective task-based training that is targeted towards the fulfilment of job requirements; and

6.     ensure that performance assessment is conducted in a fair and impartial manner.

Performance Measurement

Article (69)

a.     The individual performance of a Staff Member will be measured against specific standards and defined objectives as part of the performance management system for the local paramilitary personnel working in the Emirate (the "Performance Management System").

b.    The performance of Staff Members will be measured in accordance with the Performance Management System, and will be rated against the following scale:

1.  Substantially Exceeds Expectations                                                                            5

2.  Exceeds Expectations                                                                                                  4

3.  Meets Expectations                                                                                                    3

4.  Partially Meets Expectations (Relatively Acceptable Performance)                           2

5.  Substantially Below Expectations and Unsatisfactory Performance                           1

c.     Appraisal of the performance a Staff Member will be conducted annually. The Staff Member must be involved in the review of his performance through setting and agreeing upon performance targets at the beginning of the appraisal period, discussing the results of the appraisal with the immediate supervisor, and signing jointly with the immediate supervisor all the performance review forms.

d.    Performance ratings affect the promotion opportunities of a Staff Member and disbursement of the periodic salary increments and annual bonuses announced by the Department, as well as any other performance bonuses.

e.     A Human Resources Directorate will be responsible for implementing and monitoring the performance management system.

f.      A Staff Member who obtains a 'Meets Expectations' rating or higher will be granted the performance bonuses stipulated in this Law and the bylaws and resolutions issued in pursuance hereof.

g.    If a Staff Member obtains a 'Partially Meets Expectations' rating, he may be transferred to another job, and the Human Resources Directorate will notify him in writing of the weakness points in his performance and properly guide him to improve his performance. If a Staff Member obtains the same or a lower rating in the next Year, his case will be reported to the Director General or his authorised representative to take the appropriate action in this respect.

h.    If a Staff Member obtains a 'Substantially Below Expectations and Unsatisfactory Performance' rating, he will be served a written notice requiring him to improve his performance, and informing him that his seniority will be reduced by one (1) Year in case he obtains the same rating again.

i.      For the purposes of appraising the performance of a Staff Member who is on a scholarship, study leave, a training course, or an official assignment, the Staff Member will submit a report on his attendance and progress in his study, mission, or course. This report will be issued by the Staff Member’s immediate supervisor, or by the cultural attaché or liaison officer at the embassy of the country where the Staff Member is present.

j.      The last annual performance report of a Staff Member will be adopted in case he is on sick leave, or on escort leave accompanying any of his relatives for more than six (6) months,.

Periodic Salary Increment

Article (70)

a.       Periodic salary increment will be awarded based on a Staff Member's performance, which is measured through the Performance Management System. To be entitled to this increment, a Staff Member must obtain at least a 'Meets Expectations' rating.

b.       A Staff Member will be entitled to a periodic salary increment only after he completes one continuous Year in service.

Non-monetary Performance Rewards

Article (71)

A Department may adopt a number of non-monetary rewards, including, but not limited to, medals, orders, badges, decorations, certificates of outstanding performance, letters of appreciation, honouring a distinguished Staff Member as Employee of the month or Year, or nominating a Staff Member for the awards of the Dubai Government Excellence Programme.

Special Cash Bonuses

Article (72)

A Department may award a Staff Member a special cash bonus to be disbursed any time during the Year in recognition of his outstanding achievements, creativity, innovation, remarkable suggestions, or any other outstanding achievement.

Annual Bonus

Article (73)

a.     A Department may pay an annual bonus to a Staff Member with high performance, as measured through the Government performance indicators measurement system, taking into account the performance of the Department or the relevant Organisational Unit as well as the Staff Member's performance, as stated in his annual performance appraisal report.

b.    The conditions and requirements for granting this bonus will be prescribed in the Government Performance Management System adopted by Dubai Paramilitary Human Resources Committee for this purpose.

Section Eight

Training and Development

 

Article (74)

a.     The Government must develop its human resources; and must retain these resources, particularly skilled and knowledgeable personnel.

b.    A Department must provide its Staff Members with suitable development and training opportunities to enhance their capabilities in their current posts or to enable them to assume new responsibilities that support the goals and fulfill the needs of the Department.

Training and Development Needs Analysis

Article (75)

a.     A training needs analysis must be based on the general Government policies and strategies, and the Department strategy and objectives.

b.    A Department must analyse training and development needs based on the following sources:

1.     annual performance reports of Staff Members;

2.     Staff Members and their immediate supervisors;

3.     training impact assessment; and

4.     any other source the Department deems useful.

Role of Human Resources Directorates in Analysing Training Needs

Article (76)

A Human Resources Directorate will be responsible for analysing the training needs of Staff Members in coordination with their relevant Organisational Units, with a view to:

1.     identifying the abilities and competencies of Staff Members at all levels in order to achieve the objectives of the Department;

2.     identifying the levels of skills or knowledge required to enable Staff Members to improve their performance; and

3.     identifying the skills and competencies required for the next level of the Staff Member's career path and preparing him for that level.

Devising Annual Training and Development Plans

Article (77)

In light of the outcomes of the training needs analysis, the Human Resources Directorate will devise an annual training and development plan to train and qualify the Department's Staff Members at all employment levels. This plan must:

1.     prioritise training and development needs;

2.     identify the forms of training and development for each of the training and development needs;

3.     provide a schedule for each form of training and development;

4.     identify the entities that must provide the training and development; and

5.     include the general budget of the annual training and development plan.

Approval of Training and Development Plans

Article (78)

An annual training and development plan will be approved by the concerned Organisational Units and incorporated into the annual budget of the Department. After approval of that annual budget, the Human Resources Directorate will be responsible for implementing the annual training and development plan in cooperation and coordination with the entities concerned with training.

Forms of Training and Development

Article (79)

Training and development opportunities take several forms, including:

1.     on-the-job training;

2.     job rotation, and formal education or training;

3.     interactive learning and distance learning; and

4.     coaching, licensing, and accreditation.

Based on its work requirements and approved training budget, a Department will be authorised to adopt the form of training and development that is appropriate for each training programme.

Training Assessment

Article (80)

a.     A Human Resources Directorate will conduct an overall assessment of training in coordination with the concerned Organisational Units.

b.    Prior to training, the Staff Member’s immediate supervisor must agree with the Staff Member on the objectives of training and the skills and knowledge that the Staff Member is expected to gain from training pursuant to the form adopted for this purpose. The form will be sent to the Human Resources Directorate.

c.     The assessment of training and development will cover the objectives, form, content, providers, costs, locations, schedules, and any other aspect of training. The assessment must be based on:

1.     self-assessment by the trainee Staff Member;

2.     assessment by the immediate supervisor of the impact of training on the performance of the trainee Staff Member; and

3.     any other tools used for assessing training and its impact.

d.    The Human Resources Directorate will, on a regular basis, collect all data required to assess all aspects of training.

Amending Training and Development Plans

Article (81)

Subject to the approval of the concerned Organisational Unit, the Human Resources Directorate may amend the annual training and development plan at any time and for any operational or budgetary reasons, provided that the approved training budget is not exceeded.

Offering Training and Development Prospects

Article (82)

Training and development prospects will be offered by qualified trainers from amongst the Staff Members of the Department or others. These prospects may be provided within or outside of the UAE depending on the type, form, and availability of the required training.

Local Training Prospects

Article (83)

A Department must focus on local training offers and prospects. Overseas training may be adopted to meet the essential requirements that need to be satisfied by an incumbent, provided that no similar training is available in the UAE.

Unapproved Training Programmes

Article (84)

The approval of the Director General or his authorised representative must be obtained in respect of any training programme that is not included in the annual training plan nor the Department's budget.

Selection of Best Training and Development Options

Article (85)

For the purposes of selecting the best training and development prospects, the Human Resources Directorate may:

1.     explore and assess the best available training and development options, including evaluation of the centres and other entities providing these options, with a view to achieving the optimal outcome.

2.     negotiate and finalise agreements with training and development providers to ensure that the Department avails of the best options and prices; and

3.     modify any aspect of the training and development prospects after obtaining the approval of the concerned Organisational Unit if the assessment outcome reveals drawbacks related to the training and development deliverables.

Appointment of Fresh Graduates

Article (86)

A Department may appoint Staff Members from amongst UAE National fresh graduates from various disciplines, with a view to training and qualifying them, and developing their relevant professional skills and competencies, to enable them to assume their job duties.

Sponsorship of Secondary School Graduates

Article (87)

1.     A Department may, in accordance with the conditions it determines, sponsor UAE National secondary school graduates to study in vocational or technical disciplines or to obtain vocational training that is compatible with the functions and nature of work of the Department, provided that these graduates commit to work for the Department.

2.     The Department must, as per its budget, pay a monthly lump sum of six thousand dirhams (AED 6,000.00) to each of these students or trainees throughout the period of study or training.

3.     Where a student or a trainee who is a beneficiary of the Department sponsorship fails to fulfil his commitment to work for the Department, he must repay all the sponsorship expenses incurred by the Department.

Section Nine

Leave

Leave Types

Article (88)

a.   The types of leave that may be granted to Staff Members in accordance with this Law are as follows:

1.     annual leave;

2.     sick leave;

3.     maternity leave;

4.     paternity leave;

5.     compassionate leave;

6.     Idda leave;

7.     Hajj leave;

8.     special leave;

9.     study leave;

10.  unpaid leave;

11.  administrative leave; and

12.  casual leave.

b.   Subject to disciplinary liability, a Staff Member may be absent from work only under authorised leave.

Annual Leave

Article (89)

A Staff Member will be entitled to annual leave with Total Salary as follows:

1.     High-ranking Officer: Forty (40) working days per Year

2.     Officer: Thirty-five (35) working days per Year

3.     Non-Commissioned Officer or Entry-level Member: Thirty (30) working days per Year

Utilising Annual Leave Entitlement

Article (90)

1.     A Department must encourage its Staff Members to utilise their annual leave entitlement.

2.     Annual leave will be approved pursuant to a decision of the person in charge of the Organisational Unit, or his authorised representative, based on an application submitted by the Staff Member in writing or electronically.

How to Utilise Annual Leave Entitlement

Article (91)

Subject to the approval of his immediate supervisor, a Staff Member may utilise his annual leave entitlement at one or more occasions. A Staff Member may also combine annual leave with any other leave he is entitled to in accordance with the provisions of this Law.

Sickness During Leave

Article (92)

A period of sickness occurring during any leave provided for in this Law will be deemed part of this leave.

Disbursement of Aggregate Salary Prior to Annual Leave

Article (93)

At the request of a Staff Member, the Aggregate Salary for the approved annual leave may be disbursed, up to one month prior to taking the leave.

Annual Leave During Probation Period

Article (94)

A Staff Member may be granted annual leave or a salary for the period of annual leave only after successful completion of the probation period. Nonetheless, annual leave will accrue during the probation period.

Utilising and Carrying Forward Annual Leave Entitlement

Article (95)

a.     In order to maintain a balance between their work and private life, Staff Members should utilise their annual leave entitlement during the Year in which the leave accrues.

b.    Staff Members may carry forward their annual leave entitlement to the following Year, subject to a maximum of (40) working days for High-Ranking Officers; thirty-five (35) working days for Officers; and thirty (30) working days for Non-Commissioned Officers and Entry-level Members. A cash payment, calculated based on the Staff Member’s basic salary, may be made in lieu of accrued leave days that could not be carried forward.

Utilising Annual Leave Balance

Article (96)

During the first Year of service, a Staff Member will be entitled to utilise his annual leave following completion of the probation period.

Taking Leave in Advance

Article (97)

Subject to the approval of the immediate supervisor and as permitted by work requirements, a Staff Member who completes at least one Year of service with a Department may utilise his annual leave balance, in addition to advance leave of no more than ten (10) days from the leave balance for the following Year.

Recalling Staff Members From Leave

Article (98)

Where mandated by work requirements, the leave approval authority may recall a Staff Member from his approved annual leave before its expiry. Unutilised leave days will be credited back to the Staff Member’s leave balance.

Non-accrual of Annual Leave During Certain Leave Periods

Article (99)

Annual leave will cease to accrue during any study leave or unpaid leave taken by the Staff Member.

Sick Leave

Article (100)

a.     A Staff Member will be granted sick leave for up to five (5) consecutive days at a time, with a maximum of fifteen (15) days per Year, based on a medical report issued by an officially accredited medical authority. Any sick leave in excess of that period must be approved based on a medical report issued by the Medical Committee.

b.    Where the duration of the medical condition of a Staff Member exceeds six (6) consecutive months, the Medical Committee must review his condition and decide whether to grant him an extension of up to six (6) months, renewable for the same period, or recommend the termination of his service on grounds of medical unfitness.

c.     A Staff Member whose sick leave is approved in accordance with the provisions of paragraphs (a) and (b) of this Article will be paid the Aggregate Salary for the first six (6) months from the commencement of his sick leave and the Basic Salary for any period in excess of that period if his sick leave is renewed by a resolution of the Medical Committee.

d.    A Staff Member must notify his immediate supervisor of any sick leave within five (5) working days of obtaining that leave.

e.     Sick leave may not, under any circumstances, be carried forward to the following Year; and no cash payment may be made in lieu of the sick leave.

Referral to the Medical Committee

Article (101)

In case of repeated sick leave, the Director General or his authorised representative may refer the Staff Member to the Medical Committee for medical examination and preparation of a detailed report on his health condition.

Sick Leave of Staff Members Suffering from Contagious Diseases

Article (102)

Where a Staff Member contracts a contagious disease, the Medical Committee must, even if the Staff Member is not precluded from performing his duties, grant him sick leave for the whole period of his sickness until a report confirming his full recovery is issued by the Medical Committee. The Medical Committee must notify the Staff Member’s Organisational Unit that the Staff Member is not allowed to report to work throughout that period.

Sick Leave Due to Occupational Injury

Article (103)

Without prejudice to the rules governing occupational injuries and the relevant prescribed compensation, if the Staff Member’s sickness is caused by an occupational injury, he will be granted sick leave with Aggregate Salary for a period not exceeding one Year. If the Staff Member’s sickness persists beyond this period, he will be referred to the Medical Committee to assess his health condition and either extend his sick leave with Aggregate Salary for additional six (6) months renewable for the same period, or recommend the termination of his service on grounds of medical unfitness.

Termination of Service of Staff Members for Health Reasons

Article (104)

The service of a Staff Member may be terminated for health reasons only if he exhausts all the annual and sick leave to which he is entitled under this Law.

Reappointment of Staff Members Terminated for Health Reasons

Article (105)

A Staff Member whose service is terminated for health reasons may, within one Year from the termination of his service, be reappointed with the same seniority and rank he have had if the reason for termination of service ceases to exist, and it is confirmed by a medical report that he is fit for work. The Staff Member’s period of service following reappointment will be deemed an uninterrupted continuation of his previous period of service.

Sick Leave of Staff Members Who Develop Diseases

While Outside of the UAE

Article (106)

a.     Without prejudice to the provisions of Article (100) of this Law, a Staff Member who develops a disease or have an accident outside of the UAE will be entitled to sick leave in accordance with the provisions of this Law, provided that he notifies his Department of the same. Upon his return, the Staff Member must submit the relevant medical reports.

b.    The medical reports referred to in paragraph (a) of this Article will be subject to approval by the Medical Committee after being duly attested by the UAE diplomatic missions.

Maternity Leave

Article (107)

a.     A female Staff Member will be entitled to maternity leave of sixty (60) days with Aggregate Salary. This leave may be combined with any annual leave or unpaid leave, provided that the total period of leave does not exceed one hundred (100) days from the date of commencement of the maternity leave.

b.    A pregnant female Staff Member may take her maternity leave up to one month prior to the expected date of delivery, in which case the leave may not be interrupted.

c.     Upon expiry of her maternity leave and for the duration of four (4) months from the date of her return to work, a female Staff Member will be authorised to leave the workplace for two (2) hours per day to nurse her baby. These hours will be fully paid.

d.    The weekly rest days and official holidays occurring during maternity leave will be part of this leave, whereas the weekly rest days and official holidays occurring at the beginning or end of the maternity leave will not be deemed part of it.

e.     Maternity leave, or any part thereof, may not be carried forward to the following Year; and no cash payment may be made in lieu of maternity leave.

Paternity Leave

Article (108)

A male Staff Member whose baby is born inside the UAE will be entitled to paid paternity leave of three (3) days to be taken within one month from the baby’s birth.

Compassionate Leave

Article (109)

a.     A Staff Member will be entitled to compassionate leave with Aggregate Salary for five (5) days in case of the death of any of his first-or second-degree relatives, and for three (3) days only in case of the death of a third-or fourth-degree relative.

b.    Compassionate leave may be combined with annual leave. If compassionate leave occurs during annual leave, the compassionate leave days will be credited back to the Staff Member’s annual leave balance. However, compassionate leave may not be granted during any other type of leave.

Idda Leave

Article (110)

In the event of death of her husband, or delivery of a final judgement declaring the death of her missing husband, a Muslim female Staff Member will be entitled to Idda leave with Aggregate Salary for the whole Idda period prescribed by Sharia, starting from the date of her husband's death or date of delivery of the final judgement declaring the death of her missing husband. In any event, Idda leave must not be less than four (4) months and ten (10) days.

Hajj Leave

Article (111)

A Muslim Staff Member will be entitled to twenty-one (21) days leave with Aggregate Salary to perform Hajj once during his service with the Government. Hajj leave may be combined with annual leave.

Special Leave with Total Salary

Article (112)

The Director General or his authorised representative may grant a UAE National Staff Member full-time special leave with Total Salary to undertake any activities or duties related to participation in national teams, competitions, sports activities, social or cultural programmes, or any other similar activities not related to the work of the Department of the Staff Member. This leave will be granted upon the request of the relevant official authority in charge of the activities and for the period it specifies.

Special Leave with Aggregate Salary

Article (113)

a.     Upon the recommendation of an official medical authority, the Director General or his authorised representative may grant a Staff Member up to six (6) months special leave with Aggregate Salary to accompany a first-or second-degree relative for overseas medical treatment where that treatment is not available in the UAE. Where mandated by treatment requirements, leave may be extended with Total Salary for up to six (6) months pursuant to a resolution of the Director General or his authorised representative issued upon approval of the Medical Committee. However, where it is required to extend the leave for a longer period pursuant to a resolution of the Medical Committee, the Staff Member will be disbursed Basic Salary only for that period.

b.    Upon the recommendation of an official medical authority, the Director General or his authorised representative may grant a Staff Member special leave with Aggregate Salary for up to three (3) months to accompany any person other than those referred to in paragraph (a) of this Article for overseas medical treatment where that treatment is not available in the UAE. Where required, the Director General or his authorised representative may extend this leave with Total Salary for up to three (3) months.

c.     The Director General or his authorised representative may grant a Staff Member up to two (2) months non-renewable special leave with Aggregate Salary to accompany his spouse or any of his first-degree relatives who receives medical treatment in the UAE. This leave will be granted based on a medical report issued by an officially accredited medical authority confirming the patient’s need for an accompanying person during the period of treatment inside or outside the hospital.

d.    The Director General or his authorised representative may grant a Staff Member up to two (2) months non-renewable special leave with Aggregate Salary to accompany a first-or second-degree relative for overseas medical treatment at his own expense.

Unpaid Special Leave

Article (114)

a.     The Director General or his authorised representative may grant a UAE National Staff Member unpaid special leave to accompany a spouse who is sent abroad on a scholarship, study leave, assignment, secondment, or business trip; or who is transferred to a post abroad or joins any international or regional authorities, organisations, or agencies, provided that this special leave does not exceed the period of travel or work abroad. The special leave will be deemed part of the period of service of the Staff Member, provided that he pays the contributions prescribed in the above-mentioned Law No. (21) of 2008. Where the Staff Member fails to pay such contributions, the special leave will not be deemed part of his period of service.

b.    Throughout the period of the leave mentioned in paragraph (a) of this Article, the Department may fill the vacant post of the Staff Member granted the leave. Upon expiry of the leave and return of the Staff Member to the UAE, the Department must reinstate the Staff Member to his original post or to any other equivalent post.

Study Leave

Article (115)

a.     A UAE National Staff Member may be granted full-time study leave within or outside of the UAE to obtain a post-secondary school qualification. This leave will be for a period equal to that of the approved study programme.

b.    A UAE National Staff Member may be granted part-time study leave within or outside of the UAE for a consecutive or non-consecutive period of sixty (60) days to obtain a post-secondary school qualification.

c.     A short or long study leave within or outside of the UAE may only be granted if the study programme is approved by the Department in advance.

d.    Study leave will be governed by the provisions and conditions stipulated in Article (137) of this Law.

Study Leave to Take Examinations

Article (116)

a.     A Staff Member who is enrolled in regular evening classes at an educational institution accredited in the UAE may be granted leave with Aggregate Salary to take annual and term examinations for the period determined in the approved examination schedule. A Staff Member may also be granted additional leave of up to five (5) working days prior to the examination date where examinations are held within the UAE.

b.    Throughout the period of an approved study programme, a Staff Member may be granted a short study leave permission for up to two (2) hours per day to attend classes.

Unpaid Leave

Article (117)

Pursuant to a resolution of the Director General or his authorised representative, a Staff Member may be granted unpaid leave of up to thirty (30) days in a single Year, provided that the Staff Member has valid reasons for this leave and that his annual leave balance is exhausted.

Administrative Leave

Article (118)

a.     The Director General or his authorised representative may grant a Staff Member administrative leave of up to fifteen (15) working days in a single Year. The Staff Member’s right to administrative leave will be forfeited upon the lapse of one (1) Year from the date of granting that leave.

b.    A Staff Member will be granted the administrative leave referred to in paragraph (a) of this Article in the following cases:

1.     where the Staff Member performs outstanding work during his service;

2.     where the Staff Member demonstrates high efficiency in solving the intricacies of a case or performing a specific project;

3.     where the Staff Member works beyond the official working hours based on an official assignment by his immediate supervisor. This does not apply to work at times of crises or in emergencies;

4.     where the Staff Member submits a proposal which benefits his Department upon its implementation; and

5.     any other cases determined by the Director General or his authorised representative upon the recommendation of the Staff Member’s immediate supervisor.

Casual Leave

Article (119)

a.     Casual leave is leave taken due to an emergency situation or unexpected reason which could not be reported in advance. A Staff Member may not be absent from work due to an emergency situation or unexpected reason for more than twenty-four (24) hours at a time, or for more than five (5) times in a single Year. A Staff Member may not carry forward casual leave to the following Year.

b.    Upon his return from casual leave, a Staff Member must submit the reasons for his absence to his Department to determine whether to approve or reject the leave. Where the leave is rejected, the days of absence will be deducted from the Staff Member's annual leave balance if the balance is sufficient. Without prejudice to any disciplinary liability, where the annual leave balance is not sufficient, the casual leave will be deemed unpaid absence from work without valid reason.

General Provisions Relating to Leave

Article (120)

A Staff Member will be considered on duty on a continuous and uninterrupted basis, and will be available on demand at any time and place. A Staff Member may be absent form work only during any leave authorised under this law. Time off and official holidays will be regulated pursuant to work requirements and at the discretion of the immediate supervisor of the Staff Member.

Absence from Work

Article (121)

a.     Without prejudice to any disciplinary liability, where a Staff Member is absent from work without prior permission or valid reason, he will be deprived of his Aggregate Salary for the period of absence.

b.    Where a Staff Member is absent from work without valid reason for more than twenty-one (21) consecutive days, his service will be terminated; he will be deemed to have deserted service; and, when apprehended, he will be brought to trial in accordance with the applicable legislation. Notwithstanding the foregoing, the service of a Staff Member will continue if he provides a valid reason that prevented him from notifying his Department, or from reporting for duty, in which case the Staff Member will be deprived of his Aggregate Salary for the period not covered by any leave prescribed by the provisions of this Law.

Staff Member’s Leave Entitlement During Probation Period

Article (122)

a.     During the probation period, a Staff Member will not be entitled to any paid leave except sick, paternity, compassionate, Idda, or unscheduled leave, in which case the probation period will be extended for the same number of days of the leave.

b.    A Staff Member who resigns from a Department, or whose service is terminated for any reason, during the probation period may not be entitled to annual leave for the period of his service with the Department.

Official Mourning Periods

Article (123)

Official mourning periods announced by the UAE which occur during any leave will not be credited back to the Staff Member’s leave balance.

Return from Leave

Article (124)

Upon return from leave, a Staff Member must complete a return-from-leave form, have it approved by his immediate supervisor, and send it to the Human Resources Directorate.

Compensation for Staff Members Called from Leave

Article (125)

Where necessary, the Director General or his authorised representative may recall a Staff Member from his leave, provided that the Department compensates the Staff Member for any liabilities arising from being recalled from leave without prejudice to the annual leave balance accrued in respect of the period for which he is recalled.

Leave Constituting Part of the Actual Period of Service

Article (126)

All periods of leave granted to a Staff Member will be deemed part of his actual period of service, except unpaid leave.

Section Ten

Travel on Official or Training Assignments

General Policy

Article (127)

a.     The Department may send a Staff Member on a trip within or outside of the UAE to perform any official duties or attend training courses in its name and for specific purposes.

b.    A Staff Member will be sent on an official assignment or training course within or outside of the UAE under a resolution of the Director General or his authorised representative. This resolution will determine the nature, objectives, duration, and destination of the assignment or course.

c.     The financial benefits and travel tickets to which a Staff Member is entitled when sent on an official assignment or training course within or outside of the UAE will be determined pursuant to the relevant resolution issued by the Ruler.

General Provisions

Article (128)

Except in cases of emergency and force majeure, a Staff Member sent on an official assignment or training course will bear the financial liabilities arising from any cancellation of hotel or travel reservations where the cancellation occurs for reasons attributed to the Staff Member.

Additional Leave Days for Staff Members Sent on Official

Assignment or Training Courses

Article (129)

Additional leave days may be granted to a Staff Member sent on an official assignment or training course in accordance with the applicable travel schedule and accommodation arrangements, provided that the leave days do not exceed two (2) days before and two (2) days after the actual days of the official assignment or training course.

Sending Staff Members on Continuous Official

Assignments or Training Courses

Article (130)

Where a Staff Member is sent on a continuous multi-travel official assignment or training course, the per deim for the actual days will accrue starting from the date of commencement of the first assignment or course until the end date of the last assignment or course. The per diem will accrue during the intervals between assignments, provided that a single interval will not exceed four (4) days. Additional leave days will be calculated and granted pursuant to Article (129) of this Law.

Family Members Accompanying Staff Members on Official

Assignments or Training Courses

Article (131)

a.     Travel ticket allowance will be disbursed to the Staff Member's eligible family members to accompany him on any official assignment or training course which exceeds six (6) months. The travel tickets of family members or companions will be of the same class of travel as that of the Staff Member.

b.    A Staff Member sent on an official assignment or training course pursuant to paragraph (a) of this Article will receive the following benefits:

1.     Unless the entity to which the Staff Member is sent provides accommodation, the Department will bear the costs of furnished accommodation for the Staff Member throughout his period of travel, including the costs of water, electricity, and gas consumption, provided that these costs do not exceed fifty percent (50%) of the total accommodation costs prescribed for his paramilitary rank.

2.     The Department will bear the costs of medical treatment and medication for the Staff Member and his family members in accordance with the regulations of the country to which he is sent.

3.     Where the period of the official assignment or training course exceeds one (1) Year, the Staff Member and his family members will be granted additional travel tickets for each Year, provided that the remaining period of the official assignment or training course is not less than three (3) months.

4.     A Staff Member who is not accompanied by family members will be entitled to additional travel ticket every six (6) months. The ticket allowance may not be disbursed in cash.

5.     Where the period of the official assignment or training course exceeds nine (9) months, the Department will bear the school fees and expenses of the Staff Member’s children aged not less than five (5) Years. This does not apply to post-secondary school stages.

Travel Visas

Article (132)

The Department will be responsible for obtaining the required travel visas for the Staff Member from the relevant authorities of the country to which he is sent. However, the Department will not be responsible if the visa is delayed or rejected by these authorities. The Staff Member will be responsible for ensuring that his passport, and all other official documents required from him, are authentic and valid at all times.

Section Eleven

Scholarships

Article (133)

a.     A Department may send a UAE National Staff Member at its expense on a full-time or part-time scholarship, within or outside of the UAE, in accordance with the Department’s need for various specialisations.

b.    The Department must appoint any Staff Member returning from full-time study leave to a post commensurate with his new academic qualification.

c.     The allowance payable to a Staff Member on a scholarship will be determined pursuant to the relevant resolution issued by the Ruler.

d.    Where the Staff Member studies at the expense of the Department, the Department may deduct any study-related amounts that the Staff Member receives from any other party.

Obligations of Scholars

Article (134)

a.     A Scholar who studies at the expense of a Department must work for that Department for five (5) yeas after obtaining the academic qualification for which he is awarded the scholarship, failing which he must repay all the expenses incurred by the Department during the course of his study, including all Total Salaries or monthly remunerations disbursed to him, as the case may be.

b.    Where the Department grants a Scholar study leave with Total Salary, under this Law, based on a scholarship or study grant which he is awarded by another entity within or outside of the UAE, and through which he obtains an academic qualification, he must work for the Department for five (5) Years after obtaining the academic qualification, failing which he must repay the Total Salary received throughout the study leave period.

c.     Where a Scholar fails to complete the period of service mentioned in paragraph (a) or (b) of this Article, he must repay all expenses, Total Salaries, and monthly remunerations paid to him throughout the period of scholarship, pro rata to the remainder of the period of service referred to in paragraph (a) or (b) of this Article calculated from the date he leaves the service of the Department.

Scholars Studying at the Expense of Departments

Article (135)

a.     A Department may, pursuant to the terms of scholarship agreements, award scholarships to secondary or post-secondary school graduates to study certain disciplines that are in line with the work of the Department, provided that these graduates undertake to work for the Department. In that case, the period of scholarship may not be deemed part of the period of service.

b.    The provisions of this Section, except for Articles (133), (136), and (137) of this Law, apply to the secondary school graduates referred to in paragraph (a) of this Article.

c.     The secondary school graduates referred to in paragraph (a) of this Article must sign the scholarship agreement prepared by the Department for this purpose.

d.    Where a Staff Member is sent on a study scholarship, the period of scholarship will be deemed part of his actual period of service.

e.     If a Scholar fails a Year, that Year will not be deemed part of his actual period of service unless it is proved that the failure is due to reasons beyond his control.

Studying at the Expense of Other Entities

Article (136)

a.     The Department may grant a UAE national Staff Member study leave with Total Salary, and consider that leave as part of his actual period of service, where the Staff Member wishes to study at his expense or at the expense of any other entity a discipline which is consistent with his work in the Department.

b.    Where the discipline which the Staff Member wishes to study is not consistent with his work in the Department, the Department may grant the Staff Member study leave without pay, in which case the period of leave will not be deemed part of the actual period of service of the Staff Member.

Scholarship Conditions

Article (137)

a.     When awarding scholarships, the vacancies and approved financial appropriations allocated to scholarships in the Department’s budget will be taken into account. To be awarded a scholarship, a Staff Member must meet the following requirements:

1.     The Staff Member must be a UAE National.

2.     The Staff Member must have completed at least two (2) Years of service with the Department. However, he may be exempt from this requirement if the Department deems, in accordance with the public interest, that it is necessary to send him on the scholarship.

3.     The Staff Member must have obtained at least a “Meets Expectations” rating for the past two Years.

4.     The scholarship of the Staff Member must be approved by his immediate supervisor and Organisational Unit.

5.     The academic discipline of the Staff Member's scholarship must be consistent with the work of the Department, or needed by the Department.

6.     The Staff Member must sign the scholarship agreement prepared by the Department for this purpose.

b.    Subject to the provisions of paragraph (a) of this Article, a Staff Member who obtains the academic degree for which he has been awarded a scholarship may be awarded another scholarship to obtain a higher or equivalent degree at the expense of the Department only after the lapse of two (2) Years of service with the Department starting from the date of obtaining the first academic degree. This does not apply to Scholars who obtain academic qualifications with not less than a “Very Good” grade.

Maximum Periods for Obtaining Academic Qualifications

Article (138)

a.     The maximum periods of scholarships prescribed for obtaining academic qualifications and degrees will be as follows:

SN

Academic Degree

Period

1.

Foreign language

One Year

2.

Bachelor’s degree, or an equivalent degree

Period is determined depending on the discipline in the country of scholarship

3.

Master’s degree

Two Years

4.

Doctorate degree

Four Years

b.    Notwithstanding the provisions of paragraph (a) of this Article, the period of scholarship may, upon the request of the Scholar, be extended pursuant to a resolution of the Director General or his authorised representative. In that case, the extension may only be granted once, for not more than one (1) Year, throughout the period of study prescribed for obtaining the academic qualification or degree.

Waiver of Periods Prescribed for Obtaining Academic Degrees

Article (139)

Pursuant to a resolution of the Director General or his authorised representative, the periods prescribed for obtaining academic qualifications or degrees by Scholars may be waived, in whole or in part, in case of serious circumstances that are beyond the control of the Scholar.

Cases of Recovery of Expenses Paid to Scholars

Article (140)

a.     A Scholar must repay to the Department all expenses paid to him during his study, except for the Total Salary or monthly remuneration, in the following cases:

1.   where the service of the Scholar is terminated pursuant to a resolution of a disciplinary committee during his study; or

2.   in case the Scholar fails to comply with any of the obligations stipulated in the scholarship agreement signed with the Department.

b.    Where the Scholar resigns from the Department before completion of the period of study, he must refund the expenses, Total Salaries, and monthly remunerations disbursed to him during his study.

Section Twelve

Employment Relations

Transfer

Transfer between Departments

Article (141)

A Staff Member may be transferred to any Department or local Government entity, provided that the transfer is to a vacant post in a grade equivalent to his paramilitary rank, or a higher grade, and that his Total Salary is not reduced, unless he otherwise agrees to that in writing.

Procedures for Transfer

Article (142)

a.     A High-ranking Officer will be transferred pursuant to a resolution of the Chief or his authorised representative; and an Officer, a Non-commissioned Officer, or an Entry-level Member will be transferred pursuant to a resolution of the Director General or his authorised representative, based on a written request from the director general of the Department or entity requesting the transfer. In any event, the prior written consent of the Staff Member must be obtained.

b.    The transfer of a Staff Member will not affect his seniority, and his period of service will be deemed uninterrupted by the transfer.

c.     All existing rights and annual leave entitlements of the Staff Member will be maintained upon his transfer to another Department or entity.

d.    A transferred Staff Member must obtain clearance from his Department before joining the service of the new Department or entity.

e.     Copies of all documents and decisions related to the transfer, and all other relevant documents, will be maintained in the Staff Member’s file at both the former Department and the new Department or entity.

Transfer at the Request of Staff Members

Article (143)

A Staff Member may be transferred upon a written request submitted by him, subject to first obtaining a no-objection letter from his Department.

Costs Arising from Transfer

Article (144)

A Department or an entity to which a Staff Member is transferred will bear all financial costs associated with the transfer, including any difference in contributions of the pension scheme adopted by the Pensions Division.

Transfer outside Departments

Article (145)

a.     A Staff Member may be transferred to a federal or local government entity in any emirate of the UAE, or to a non-government local entity in the Emirate, in accordance with the provisions of paragraph (b) of this Article.

b.    A High-ranking Officer will be transferred pursuant to a resolution of the Chief or his authorised representative; and an Officer, a Non-commissioned Officer, or an Entry-level Member will be transferred pursuant to a resolution of the Director General or his authorised representative, based on a written request from the person in charge of any of the entities referred to in paragraph (a) of this Article. In any event, the Staff Member’s prior written consent of the transfer must be obtained, and his Total Salary must not be reduced unless he otherwise agrees to the reduction in writing.

Assignment

Article (146)

Pursuant to a resolution of the Director General or his authorised representative, a Staff Member may be assigned the duties of another post which is vacant or whose incumbent is absent, for a period not exceeding six (6) months extendable for another six (6) months, provided that this post is either in the same grade of the Staff Member or in a grade higher by a maximum of two (2) grades. At the end of the period of assignment, the Staff Member may be transferred to the post whose duties are assigned to him, or reinstated to his original post.

Assignment to Multiple Posts

Article (147)

A Staff Member may not be assigned the duties of more than one post in addition to those of his original post.

Assignment Allowance

Article (148)

a.     A Staff Member may be assigned to perform only the duties of another post, in which case this assignment will be deemed a development assignment and the Staff Member will not be entitled to the assignment allowance stipulated by paragraph (b) of this Article.

b.    Where a Staff Member is assigned the duties of a post in addition to the duties and responsibilities of his original post, he will be entitled to an assignment allowance of twenty percent (20%) of the Basic Salary for the paramilitary rank of the post whose duties are assigned to him. This will apply only to the cases where the assignment period exceeds two (2) months. The allowance will accrue effective as of the date of undertaking the assigned duties.

Secondment

Article (149)

A High-ranking Officer will be seconded pursuant to a resolution of the Chief or his authorised representative; and an Officer, a Non-commissioned Officer, or an Entry-level Member will be seconded pursuant to a resolution of the Director General or his authorised representative, to any federal or local government department or entity in the Emirate or in any emirate of the UAE, to a non-government local entity in the Emirate, or to any Arab or foreign government, or regional or international authority or organisation. The Staff Member may be seconded for a period not exceeding one (1) Year extendable for the same period subject to the Staff Member’s written consent to the secondment or extension.

Entitlements of Seconded Staff Members

Article (150)

A seconded Staff Member will receive his salary, leave, and other entitlements from the entity to which he is seconded. Unless the secondment resolution states otherwise, where a Staff Member is seconded to a regional or international entity outside of the UAE, he will receive his Aggregate Salary from his Department in addition to any other payments or benefits he receives from the entity to which he is seconded.

Period of Secondment as Part of the Period of Service of Staff Members

Article (151)

The period of secondment will be deemed part of the Staff Member’s period of service. The Staff Member's performance will be assessed in coordination with the entity to which he is seconded, and the Staff Member will be governed by the performance management system adopted by the Government.

Filling the Posts of Seconded Staff Members

Article (152)

 A Department may fill a post that becomes vacant as a result of secondment. Upon the return of a Staff Member from secondment, the Department will either reinstate the Staff Member to his original post or appoint him in a new post which is equal to or higher than that post.

Termination of Secondment

Article (153)

Secondment may be terminated, before the date agreed upon with the host entity, pursuant to a resolution of the competent secondment authority or at the seconded Staff Member's request.

Annual Leave of Seconded Staff Members

Article (154)

Where the period of secondment is one (1) Year or more, the annual leave of a seconded Staff Member will be regulated by the host entity.

Section Thirteen

Health, Safety and the Environment

General Policy

Article (155)

a.     The Government will seek to maintain a healthy work environment and to ensure the safety and wellbeing of all its Staff Members. All Staff Members and stakeholders will be responsible for achieving this goal.

b.    All Staff Members and stakeholders must comply with the environmental policies, rules, and principles prescribed by the relevant competent authorities in the UAE and the Emirate.

c.     A Department and its Staff Members will have a joint responsibility to create and maintain a safe and healthy work environment in accordance with the relevant policy adopted by the Government.

d.    A Staff Member who violates or breaches any of the policies or principles referred to in paragraph (a) of this Article will be subject to disciplinary action; and, where necessary, will be subject to judicial prosecution.

Responsibilities of Departments

Article (156)

In order to achieve the goals of the health, safety and environmental policy, the Department must:

1.     establish health and safety standards and rules, and prescribe the procedures and practices governing health and safety;

2.     inform Staff Members, stakeholders, and visitors of its adopted health, safety, and environmental procedures;

3.     provide Staff Members with appropriate safety equipment in accordance with work requirements;

4.     provide adequate training, information, instructions, and supervision;

5.     ensure that all equipment, military machinery, tools, and armaments are in good working condition;

6.     ensure that all hazardous materials, such as ammunition and weapons, are stored in accordance with safety standards and rules;

7.     immediately investigate any accident or error, with a view to rectifying and redressing any threat and ensuring non-recurrence of the threat; and

8.     conduct periodic medical examinations for those who handle hazardous materials and for those who are at high risk of contracting infectious or other diseases in the course of performing their job duties, to ensure that they remain free from any diseases.

Obligations of Staff Members

Article (157)

For the purposes of this Section, a Staff Member must:

1.     perform his duties in a manner that ensures his safety and the safety of others;

2.     comply with the health, safety, and environmental policy adopted by his Department;

3.     not misuse any safety equipment or tools provided by his Department;

4.     report to his Department any hazardous situation, equipment, or materials; and

5.     refrain from performing any dangerous tasks that he is not qualified to perform.

Health Insurance

Article (158)

A Department will provide healthcare coverage to its Staff Members and their family members in accordance with the medical insurance policy adopted by the Government.

Costs of Medical Treatment of Non-UAE National Staff Members

Article (159)

A Department will not bear the costs of medical treatment of Non-UAE national Staff Members or their family members in private hospitals or outside of the UAE except where:

1.     the disease or injury has resulted from work, and no treatment is available in Government hospitals; or

2.     the Staff Member contracts the disease during the performance of official duties, or attendance of official training, outside of the UAE.

Overseas Medical Treatment for UAE National Staff Members

Article (160)

A UAE National Staff Member and his family members who are covered by medical insurance will be entitled, under a resolution of the Director General or his authorised representative, to receive medical treatment outside of the UAE in case of serious or life-threatening situations or diseases, as evidenced by a report issued by a specialised consultant physician working in a government hospital in the UAE.

Compensation for Injuries and Accidents

Article (161)

1.     The Department must compensate non-UAE National Staff Members and any Staff Members not enrolled in the pension scheme adopted by the Pensions Division for any injuries and accidents which occur during work, in accordance with a personnel compensation manual issued by the Department.

2.     The Department must provide all Staff Members covered by the occupational injuries and accidents scheme with a copy of the “Personnel Compensation and Disability Rating Manual".

Occupational Injuries

Article (162)

A Department will issue an internal bylaw determining the general procedures and principles governing occupational injuries in accordance with the relevant general policy adopted by the Government.

Section fourteen

Penalties

Article (163)

Any Staff Member who fails to comply with the obligations stipulated in this Law or in any bylaws or resolutions issued in pursuance hereof by the Director General, the immediate supervisor, or any other competent person; or who fails to comply with the requirements of his post, will be subject to disciplinary action without prejudice to any applicable civil or criminal liability.

Disciplinary Penalties

Article (164)

The disciplinary penalties that may be imposed on Staff Members are as follows:

1.     initial written warning;

2.     final written warning;

3.     overtime work of up to twenty-four (24) hours;

4.     a fine of not less than one hundred Dirhams (AED 100.00) and not more than one thousand Dirhams (AED 1,000.00). Any deduction made to implement this penalty may not exceed one quarter of the monthly Basic Salary of the Staff Member;

5.     a deduction from Basic Salary of up to twenty (20) days. Any deduction made to implement this penalty may not exceed one quarter of the monthly Basic Salary of the Staff Member;

6.     disciplinary transfer from an Organisational Unit to another within the Staff Member’s Department;

7.     detention for a period of no more than fifteen (15) days, and disbursement of his Basic Salary only during that period;

8.     reduction of seniority;

9.     demotion to the next lower rank;

10.  stripping of rank;

11.  forced retirement under a disciplinary decision;

12.  termination of service for redundancy;

13.  discharge from service; and/or

14.  dismissal from service.

Authority to Impose Disciplinary Penalties

Article (165)

a.     The penalties referred to in sub-paragraphs (1) to (5) of Article (164) of this Law will be imposed on Staff Members holding the rank of Major and higher pursuant to a resolution of the Director General or his authorised representative, and on Staff Members holding the rank of Captain and lower pursuant to a resolution of the manager of the concerned Organisational Unit or his authorised representative.

b.    The Director General or his authorised representative may place a Staff Member in a paramilitary detention facility pending investigation in any gross disciplinary violation attributed to him, until the conclusion of investigation and imposition of penalty.

c.     Subject to paragraph (a) of this Article, the rank of a Staff Member authorised to impose disciplinary penalties must not be lower than that of the Staff Member on whom the penalty is imposed.

Grievances in Respect of Disciplinary Penalties

Article (166)

A Staff Member may submit to the Grievances and Complaints Committee at the Department a grievance in respect of any penalty imposed on him in accordance with Article (165) of this Law, within fifteen (15) days from the date on which he is notified of that penalty. The committee may either uphold, reduce, or dismiss the appealed penalty, provided that its decision in this regard is reasoned and in writing.

Formation of Disciplinary Boards

Article (167)

A disciplinary board will be formed pursuant to a resolution of the Director General or his authorised representative. This board will be tasked with conducting disciplinary trials for the Staff Members of the Department and imposing any of the penalties stipulated in Article (164) of this Law.

Referral to Disciplinary Trials

Article (168)

A Staff Member will be referred to a disciplinary trial pursuant to a resolution of the Director General or his authorised representative. This resolution must contain the charges attributed to the Staff Member; and must be communicated to the Staff Member, along with the scheduled date of the trial hearing, at least three (3) days prior to the date of trial.

Perusal of Investigations

Article (169)

A Staff Member who is referred to the disciplinary board will be entitled to peruse the investigations conducted with him and all the relevant documents, without having the right to obtain a copy of the same. In addition, he may request the inclusion of his annual performance reports and any other documents in the disciplinary violation case file. He may attend hearings and state his defence verbally or in writing, and appoint another Staff Member of the same or higher rank to defend him. In any event, the disciplinary board may summon the violating Staff Member.

Disciplinary Board Decisions

Article (170)

a.     A disciplinary board will issue reasoned decisions in respect of the Staff Member referred to disciplinary trial in presence of that Staff Member. This decision will be deemed final only upon its ratification by the Director General or his authorised representative. The Staff Member may appeal the decision, within fifteen (15) days of being notified of the same, before an appellate disciplinary board formed for this purpose pursuant to a resolution of the Director General or his authorised representative.

b.    The disciplinary board decision may be issued in absentia, in which case it will become enforceable fifteen (15) days after the date of its issuance. In this event, the Staff Member may, if he has a valid reason, challenge the disciplinary board decision; and request, within thirty (30) days of being notified of the decision, that the case be re-tried by a different disciplinary board formed pursuant to a resolution of the Director General or his authorised representative. Additionally, the Staff Member may appeal the disciplinary board decision before an appellate disciplinary board in accordance with paragraph (a) of this Article.

c.     Where the Organisational Unit in charge of legal affairs at the Department disagrees with a disciplinary board decision, it may, within fifteen (15) days of the decision, appeal the decision before another disciplinary board formed for this purpose pursuant to a resolution of the Director General or his authorised representative.

d.    The Director General or his authorised representative may reduce the disciplinary penalty imposed by an appellate disciplinary board.

Precautionary Suspension from Work

Article (171)

a.     Where required for investigation purposes, the Director General or his authorised representative may place a violating Staff Member on precautionary suspension from work pending investigation. As a result of the suspension, the Staff Member will be disbursed the Basic Salary only from the date of suspension until a conviction or acquittal decision is issued.

b.    Where a Staff Member who is placed on precautionary suspension from work or in a paramilitary detention facility is punished by any of the disciplinary penalties stipulated in Article (164) of this Law, he will be deprived of the suspended portion of his salary. Where the Staff Member is acquitted or the case is closed, the Staff Member will be paid any suspended portion of his salary.

c.     Notwithstanding the provisions of paragraphs (a) and (b) of this Article, a UAE National Staff Member who is suspended from work will continue to receive his Total Salary if he has completed at least thirty-five (35) Years of service in the Department, unless he has committed an act warranting the deprivation of the rights and benefits to which he is entitled under Article (36) of the above-mentioned Law No. (21) of 2008, or any act affecting honour or integrity.

Suspension from Work for Being Remanded in Custody

Article (172)

a.    Where a Staff Member is remanded in custody, he will be suspended from work and disbursed his Basic Salary only throughout the period he spends in custody. Upon expiry of custody period, the Staff Member will be paid any suspended portion of his salary if the investigation is closed or the Staff Member is acquitted of the charges for which he was remanded in custody. Otherwise, the Staff Member will be deprived of the suspended portion of his salary.

b.    Where a Staff Member is sentenced to a custodial penalty under a final judgement, he will be suspended from work and deprived of his Aggregate Salary from the date the final judgement is rendered until a final decision is issued in respect of the Staff Member by the disciplinary board.

c.    Where the disciplinary board decides to terminate the service of a Staff Member, the termination decision will be deemed effective as of the date of suspension from work. The salary disbursed to the Staff Member from the suspension date to the date of the termination decision will not be recovered from the Staff Member.

d.    A judgement rendered by the competent judicial authorities closing the investigation, or determining that no grounds for filing a penal case or remanding the Staff Member in custody, will not preclude the disciplinary accountability of the Staff Member or imposition of any penalty against him in accordance with this Law.

Disciplinary Accountability of Seconded Staff Members

Article (173)

The disciplinary penalty in respect of a violation committed by a Staff Member seconded to any of the entities referred to in Article (149) of this Law will be imposed by the competent authority at the host entity in accordance with the applicable disciplinary penalty regulations adopted by that entity. In that case, the original Department of the Staff Member must be notified of the violation he has committed and the penalties imposed on him.

Extinction of Disciplinary Violations

Article (174)

A disciplinary violation will be extinguished as a result of:

1.     death of the Staff Member;

2.     any disability that prevents taking disciplinary actions, as established by a decision of the Medical Committee;

3.     suspension of disciplinary proceedings pursuant to a resolution of the Director General or his authorised representative; or

4.     lapse of three (3) Years from the date of the violation.

Expungement of Disciplinary Penalties

Article (175)

a.     Upon the lapse of one (1) Year, any of the disciplinary penalties stated in sub-paragraphs (1) to (7) of Article (164) and imposed on a Staff Member will be expunged. The disciplinary penalties stated in sub-paragraphs from (8) to (10) of the same Article will be expunged upon the lapse of three (3) Years. In any event, these periods will commence from the date on which the disciplinary penalty decision is ratified.

b.    Without prejudice to any liabilities or compensation incurred by the Staff Member as a result of the violation, an expunged penalty will be deemed to have never occurred.

Section Fifteen

Grievances and Complaints

General Policy

Article (176)

a.     To avoid disputes and grievances, the Government will seek at all times to maintain fair and effective communication between Departments and their Staff Members.

b.    In the event of any dispute, a Department must exert prompt efforts to settle the issue or dispute to the satisfaction of all parties involved. Where possible, Staff Members’ grievances will be settled through the Department’s internal procedures.

c.     A Department must adopt a specific and fair procedure for submitting grievances, and must give the Staff Member a proper opportunity to state his case.

d.    In any event, the heads of Organisational Units must not block or ignore any complaints or grievances communicated to them, and must exert their utmost efforts to resolve and settle such complaints and grievances, where possible, to avoid the aggravation of their impacts.

Grievances and Complaints Committees

Article (177)

A committee named the “Grievances and Complaints Committee” will be established in each Department and will be comprised of three (3) to five (5) members, including representatives from the Human Resources Directorate and the Legal Affairs Directorate. The Committee will discuss the grievances submitted by the Department’s Staff Members, and pass its decisions by majority vote.

Filing Cases with Grievances and Complaints Committees

Article (178)

a.   A Staff Member may submit to the Grievances and Complaints Committee a written grievance in respect of his annual performance appraisal report or any disciplinary penalties imposed on him under Article (165) hereof.

b.  A Staff Member may submit to the Human Resources Directorate any work-related complaint, including, without limitation, any complaint regarding work environment and tools, physical abuse, offensive language, spreading rumours, disparaging the Staff Member or his opinions, verbal or written harassment, or sexual harassment.

c.   The Human Resources Directorate must review the complaints submitted to it and refer them to the Grievances and Complaints Committee to make the appropriate decisions in respect thereof.

Challenging the Decisions of Complaints and Grievances Committees

Article (179)

A Staff Member may challenge any decision rendered against him by the Grievances and Complaints Committee before a central competent body assigned by the Government for this purpose. The challenge must be submitted no later than two (2) weeks from the date of the decision of the Grievances and Complaints Committee, failing which that decision will be deemed final.

Section Sixteen

Termination of Service

Article (180)

a.     The service of a Staff Member will be terminated for any of the following reasons:

1.     death of the Staff Member or delivery of a judgement declaring him missing;

2.     revocation or withdrawal of the UAE nationality;

3.     reaching the age of sixty (60) Years. Where mandated by work requirements, the service of the Staff Member may be extended on a Year-by-Year basis pursuant to a resolution of a Director General or his authorised representative, and for up to eight (8) Years;

4.     resignation;

5.     inability of the Staff Member to perform his job duties for health reasons, as established by the Medical Committee;

6.     professional incompetence, as determined under this Law;

7.     issuance of a final disciplinary decision discharging or dismissing the Staff Member, terminating his service for redundancy, or retiring him;

8.     sentencing the Staff Member for a felony or misdemeanour affecting honour or integrity. However, in case of stay of execution of the sentence, the termination of service will be at the discretion of the Director General or his authorised representative;

9.     retirement;

10.  absence from work for more than twenty-one (21) consecutive days, or for thirty (30) non-consecutive days, within a Year;

11.  non-renewal or termination of contract prior to expiry; or

12.  conviction of the Staff Member of any crime compromising state security.

b.    The Director General or his authorised representative will issue the decision terminating the service of the Staff Member.

Early Termination of Service of Non-UAE National Staff Members

Article (181)

Without prejudice to a Staff Member’s other financial entitlements, the Department may terminate the service of a non-UAE National Staff Member during the term of his contract, in which case the Staff Member will be entitled to the Total Salaries for the remaining period of the term of the contract or the Total Salaries for four (4) months, whichever is less.

Resignation

Article (182)

a.     A Staff Member may resign from his post by serving a written notice. The resignation must be free from any stipulations, and must be submitted by the Staff Member at least sixty (60) days prior to the date scheduled for the end of his service. In all events, the Director General or his authorised representative may reduce this notice period.

b.    The Staff Member must continue to perform his duties until he is notified of the acceptance of his resignation. Where the notice period referred to in paragraph (a) of this Article expires without rendering a decision on the resignation, the resignation will be deemed accepted by law.

c.     A Staff Member may not resign from the Department in war times, or where martial law or state of emergency is declared. A Staff Member may not also resign while being under interrogation, or while standing a disciplinary or criminal trial, until the charges attributed to him are adjudicated.

Termination for Professional Incompetence

Article (183)

A Staff Member may, pursuant to a resolution of the Director General or his authorised representative, be terminated for professional incompetence if he obtains a “Below Expectations” or “Unsatisfactory” performance rating for two (2) consecutive Years, provided that the rating becomes final either due to his failure to file a grievance with the Grievances and Complaints Committee or due to dismissal of such a grievance. A termination notice must be served on the Staff Member two (2) months prior to the date of termination of his service, and he must be disbursed all of his entitlements.

Non-Renewal or Early Termination of Contracts

Article (184)

a.     The Department may, at any time, terminate the contract of a Staff Member, provided that he is served with a termination notice in writing as stipulated in this Law and the terms of the contract concluded with him.

b.    Unless otherwise stipulated in the Staff Member’s contract, the contract will be automatically renewed for the same original period under the same conditions stipulated therein unless either party notifies the other in writing of its intention not to renew the contract, at least two (2) months prior to the expiry of the contract.

Death of Staff Members

Article (185)

a.   In the event of death of a Staff Member due to any cause other than suicide, the Department will immediately disburse, in one payment, his Aggregate Salary for the month in which death occurs in addition to the Aggregate Salaries for the three (3) following months, to the person designated in writing by the Staff Member before his death.

b.   Without prejudice to any other entitlements stipulated in this Law, and where no person is designated by the Staff Member, the salary amounts mentioned in paragraph (a) of this Article will be disbursed to the Staff Member’s dependants at the time of his death. These amounts must be distributed equally among male and female dependants.

c.   The amounts mentioned in paragraphs (a) and (b) of this Article will be deemed a grant and may not be deemed part of, or deducted from, the end-of-service entitlements. These amounts may not, under any circumstances, be subject to attachment or set-off with any other amounts owed by the deceased Staff Member to the Department.

Costs of Repatriating the Remains of Staff Members

Article (186)

In the event of death of a non-UAE National Staff Member within or outside of the UAE while in, or in relation to, his service with the Department, and if the family requests that the Staff Member be buried in his home country, the Department will bear the costs of repatriation of the Staff Member’s remains to the nearest international airport to his home country in addition to air tickets for the Staff Member’s dependant relatives of the first degree. In the absence of such dependants, an air ticket will be disbursed to one of his relatives, friends, or colleagues to accompany the remains.

Exit Interviews

Article (187)

The Human Resources Directorate must conduct an exit interview with any Staff Member who resigns or requests the non-renewal of his contract with the Department. The purpose of this interview is to gather information on the weaknesses in the work procedures adopted by the Department, if any; and to benefit from this information for the improvement of policies, practices, systems, and processes.

Financial Entitlements

Article (188)

a.   The pensions, end-of-service gratuities, and other retirement benefits of the UAE National Staff Members of a Department will be calculated in accordance with the legislation in force at the Pensions Division.

b.   The end-of-service gratuities of the non-UAE national Staff Members of a Department will be calculated in accordance with this Law.

End-of-Service Gratuity

Article (189)

a.     A non-UAE National Staff Member will be entitled, at the end of his service, to an end-of-service gratuity as follows:

1.     one month's Basic Salary per Year for the first five (5) Years of service;

2.     one and a half month’s Basic Salary per Year for the following five (5) Years of service; and

3.     two (2) months’ Basic Salary per Year for Years in excess of the above-mentioned periods.

b.    For the purposes of calculating the end-of-service gratuity, any part of a month will be rounded up to a full month. The end-of-service gratuity will be calculated based on the last Basic Salary received by the Staff Member.

c.     Unpaid leave periods and absence days will not count towards calculating the service period of a Staff Member. Any periods of suspension from work will not also count towards the Staff Member's service period unless he is acquitted of the charges attributed to him.

d.    A Staff Member will not be entitled to end-of-service gratuity if his period of service with the Department is less than one uninterrupted Year.

General Provisions

Article (190)

a.     Upon termination of his service for any reason whatsoever, a Staff Member must obtain a clearance letter from his Department before receiving his financial entitlements.

b.    The residence permit of a non-UAE National Staff Member and the family members sponsored by him will be cancelled upon termination of his service with the Department unless the sponsorship is transferred to another Department or entity within the UAE.

Section Seventeen

Dubai Paramilitary Human Resources Committee

Review and Amendment of this Law

Article (191)

The Dubai Paramilitary Human Resources Committee will, on a regular basis and as required, review the provisions of this Law and any relevant regulations, bylaws, or resolutions; and propose any necessary amendments thereto.

Formation and Functions of the Committee

Article (192)

a.     A permanent committee named the “Dubai Paramilitary Human Resources Committee” will be formed pursuant to a resolution of the Chief, and will be comprised of experts and specialists in human resources. The committee will have the duties and powers to:

1.     establish general policies and plans for paramilitary human resources;

2.     review and propose the legislation regulating paramilitary human resources;

3.     propose the regulations, resolutions and general directives related to paramilitary human resources;

4.     review and consider the proposals and complaints of Departments in relation to paramilitary human resources;

5.     coordinate with the concerned entities in the Emirate to interpret any of the provisions of this Law;

6.     conduct, in coordination and consultation with Departments, periodic reviews of the schedule of paramilitary ranks, salaries, increments, allowances, and other employment benefits prescribed by the legislation in force;

7.     provide opinion on the organisational structures introduced or amended by Departments;

8.     coordinate with the Pensions Division to follow up the affairs of Paramilitary Retirees and provide opinion on the legislation issued in this regard;

9.     determine the violations that may be committed by Staff Members and the penalties to be imposed on violators;

10.  coordinate with the Department of Finance in the Emirate on matters relating to the human resources draft annual budgets of Departments, and issue general directives concerning the disbursement of budget funds;

11.  coordinate with local, regional, and international human resources entities concerning best practices, benchmarking processes, seminars, workshops, consultations, and similar matters; and

12.  conduct research and issue recommendations for holding human resources training courses for paramilitary cadres;

a.     For the purpose of exercising the duties and powers referred to in paragraph (a) of this Article, the Dubai Paramilitary Human Resources Committee may form permanent or temporary sub-committees and work teams as required to assist it in performing its duties. Additionally, for the purpose of exercising these duties and powers, the committee may seek the assistance of experts and specialists, as it deems appropriate, whether from the Departments or from other entities, including Government entities within and outside of the Emirate; and may coordinate with the Department of Finance in the Emirate regarding allocating the required financial resources to the committee.

b.    The Dubai Paramilitary Human Resources Committee will submit its recommendations to the Ruler to take the appropriate action in respect thereof.

Issuing the Internal Bylaw of the Committee

Article (193)

The internal bylaw of the Dubai Paramilitary Human Resources Committee will be issued pursuant to a resolution of the Chief.

Issuing Regulations

Article (194)

The Dubai Paramilitary Human Resources Committee will issue the regulations required for developing the paramilitary human resources of the Government, and may in particular issue:

1.     human resource planning and recruitment regulations;

2.     training and development regulations;

3.     performance management regulations; and

4.     any other regulations related to human resources management.

Section Eighteen

Final Provisions

Article (195)

For the purposes of implementing this Law, a Staff Member who is issued with an initial approval to be granted the UAE nationality, and is issued with a UAE passport, will be treated as a UAE National.

Applicability of Current Regulations

Article (196)

The regulations, bylaws, resolutions, and instructions that are in force on the effective date of this Law will continue in force, to the extent that they do not contradict the provisions of this Law and the bylaws issued in pursuance hereof, until new superseding regulations, bylaws, resolutions, or instructions are issued.

Repeals

Article (197)

This Law supersedes the above-mentioned Law No. (2) of 2008.

Any provision in any other legislation is hereby repealed to the extent that it contradicts the provisions of this Law.

Issuing Implementing Resolutions

Article (198)

The Chief will issue the regulations, bylaws, and resolutions required for the implementation of the provisions of this Law.

Publication and Commencement

Article (199)

This Law comes into force on the day on which it is issued, and will be published in the Official Gazette.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 26 September 2012

Corresponding to 10 Thu al-Qidah 1433 A.H.



©2023 The Supreme Legislation Committee in the Emirate of Dubai

[1]Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.