Executive Council Resolution No. (15) of 2013

Regulating the Grant of Work-related Allowances to

Employees of the Government of Dubai[1]

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We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

Law No. (5) of 1995 Establishing the Department of Finance;

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

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

Law No. (31) of 2009 Establishing the Dubai Government Human Resources Department;

Executive Council Resolution No. (49) of 2007 Regulating the Grant of Allowances to Employees of the Government of Dubai; and

Executive Council Resolution No. (1) of 2010 Concerning the Grant of Work-related Allowances to Employees of the Financial Audit Department,

Do hereby issue this Resolution.

Definitions

Article (1)

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

Government:

The government of Dubai.

Law:

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

Department:

Any of the Government departments; public agencies and corporations; councils; authorities; or other entities affiliated to the Government to which the provisions of the Law apply.

DGHR:

The Dubai Government Human Resources Department.

Employee:

A male or female person who occupies a budgeted post in a Department.

Work-related Allowance:

An amount paid on a monthly basis to an Employee who is eligible for this allowance pursuant to this Resolution.

Basic Salary:

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

Regular Night Shift Duty:

Assigning an Employee to perform regularly scheduled work at night.

Scope of Application

Article (2)

The provisions of this Resolution will apply to civilian Employees working in Departments and occupying posts in Grade 16 or below. This Resolution will not apply to Employees appointed on a temporary or part-time basis.

Grounds for Granting Work-related Allowances

Article (3)

Work-related Allowances may be granted to enable a Department to counter institutional risks that may affect the efficiency and effectiveness of its core operations, and to improve its performance through:

1.       promoting the ability of the Department to attract and retain specialised and distinguished human resources; and

2.       mitigating the effects of the risks related to the duties of certain posts and to their work environment that result in lack of demand for these posts.

Eligibility for and Amount of Work-related Allowances

                                                                                      Article (4)

Work-related Allowances will be granted to Employees occupying any of the posts of the occupational groups listed in the Schedule attached hereto. The amount of the Work-related Allowance will be determined based on the percentages and sums indicated opposite each of these posts.

Work-related Allowance Eligibility Requirements

Article (5)

To be eligible for a Work-related Allowance, an Employee must:

1.       occupy any of the posts of the occupational groups listed in the Schedule attached hereto, or occupy an administrative post whose duties require professional supervision of the Employees occupying these posts;

2.       undertake the duties and responsibilities of the post to which he is appointed as per the approved job description; and

3.       undertake the duties and responsibilities of the post to which he is appointed on a permanent basis.

Prohibition of Double Allowance

Article (6)

a.       A Work-related Allowance may not be granted in conjunction with any other allowances granted to an Employee on the same grounds based on which the Work-related Allowance is granted.

b.       Where an Employee is eligible for more than one (1) Work-related Allowance, such Employee will be granted the highest allowance. This will not apply to Employees working on Regular Night Shift Duty who may be granted the Work-related Allowance for the post they occupy in addition to the Work-related Allowance for the Night Shift Duty.

Rules for Calculating Work-related Allowances

Article (7)

a.       The entitlement to a Work-related Allowance and the amount of this allowance will be determined as a percentage of the Basic Salary of the eligible Employee, taking into consideration:

1.       the significance of the Employee's post and its effect on the core operations of his Department;

2.       the Employee turnover rate;

3.       labour market changes related to salaries, benefits, and bonuses;

4.       the Emiratisation rate in each occupational group;

5.       risks related to the post and lack of demand for it; and

6.       the reasonableness of the financial cost of the Work-related Allowance, and whether or not this cost falls within the ceiling of the General Budget of the Government.

b.       A Work-related Allowance will not be taken into account when calculating the pension contributions and the end-of-service gratuity of Employees to whom this Resolution applies.

Procedures for Approving Work-related Allowances

Article (8)

a.       A Department must prepare a list of the posts which entitle their occupants to a Work-related Allowance. This list must include:

1.       the job description of each post proposed by the Department as a post entitling its occupants to the Work-related Allowance;

2.       the grounds for granting the Work-related Allowance;

3.       an estimate of the financial cost that will be incurred as a result of granting the Work-related Allowance; and

4.       an analysis of the competitiveness of the salaries and benefits of these posts within the labour market, if any.

b.       The Department will refer the list mentioned in paragraph (a) of this Article to the DGHR.

c.       The DGHR and the Department of Finance will consider the lists referred by Departments and decide on the same through a joint work group formed for this purpose by the Director General of the DGHR.

d.       The Department of Finance will provide the financial allocations required for the payment of Work-related Allowances. These allocations must not exceed the allocations approved for this purpose within the General Budget of the Government.

Suspending the Payment of Work-related Allowances

Article (9)

a.       Payment of a Work-related Allowance will be suspended in any of the following cases:

1.       where an Employee ceases to meet any of the Work-related Allowance eligibility requirements stipulated in Article (5) of this Resolution;

2.       where an Employee is assigned the duties of a post that does not entitle its occupants to the Work-related Allowance, unless that Employee is assigned the duties of this post in addition to his original post duties;

3.       where an Employee is transferred to a post that does not entitle its occupants to the Work-related Allowance; or

4.       where an Employee takes paid leave other than the annual leave.

b.       The DGHR may suspend the payment of the Work-related Allowance to an Employee where it is established that this allowance is paid in breach of the provisions of this Resolution.

c.       Payment of the Work-related Allowance will resume once the reasons for suspension cease to exist.

Review and Amendment of the Resolution

Article (10)

The DGHR will, in coordination with the concerned Departments, review this Resolution once every two (2) years or where required; propose any required amendments thereto, including adding new occupational groups to those eligible for the Work-related Allowance, taking into consideration the prevailing economic factors and labour market trends; and submit the relevant recommendations to the Chairman of the Executive Council of the Emirate of Dubai to take the appropriate action in this regard.

Repeals

Article (11)

Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Resolution.

Publication and Commencement

Article (12)

This Resolution will be published in the Official Gazette, and comes into force on 1 June 2013.

Hamdan bin Mohammed bin Rashid Al Maktoum

Crown Prince of Dubai

Chairman of the Executive Council

Issued in Dubai on 26 June 2013

Corresponding to 17 Shaban 1434 A.H.

Schedule

Occupational Groups Eligible for Work-related Allowances and the

Percentages and Maximum Monthly Amounts of Work-related Allowances

Occupational Group

Maximum Percentage of Work-related Allowance to Basic Salary

Maximum Amount of Monthly Work-related Allowance (in Dirhams)

Group 1:

General practitioners.

100%

25,000.00

Group 2:

Financial controllers, reviewers, and auditors in the Financial Audit Department.

100%

25,000.00

Group 3:

This includes the following:

1.       engineers;

2.       legal staff;

3.       financial planning, study-conducting, and investment management staff;

4.       experts of the Expertise and Disputes Settlement Department at His Highness the Ruler’s Court;

5.       internal auditors of Departments;

6.       specialised human resources management and development staff;

7.       specialised information technology staff;

8.       Occupants of posts supporting the judiciary; and

9.       faculty and training staff in universities, colleges, and institutes.

50%

10,000.00

Group 4:

This includes the following:

1.       accountants;

2.       paramedical staff;

3.       nurses;

4.       pharmacists;

5.       emergency medicine technicians;

6.       public health, environment, and safety inspectors;

7.       customs inspectors;

8.       driver testing staff;

9.       public car parks inspectors; and

10.   specialised media staff.

30%

6,000.00

Group 5:

This includes Employees working on Regular Night Shift Duty.

25%

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©2016 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.