Executive Council Resolution No. (7) of 2020
Regulating
Appointment under Special Contracts in 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:
Federal Law No. (7) of 1999 Issuing the Pensions
and Social Security Law and its amendments;
Law No. (3) of 2003 Establishing the Executive
Council of the Emirate of Dubai;
Law No. (31) of 2009 Establishing the Dubai
Government Human Resources Department and its amendments;
Law No. (8) of 2018 Concerning Management of the
Government of Dubai Human Resources; and
Executive Council Resolution No. (6) of 2020 Approving
the Financial Benefits of
Government of Dubai Employees,
Does hereby issue this Resolution.
The following words and expressions, wherever
mentioned in this Resolution, will have the meaning indicated opposite each of
them unless the context implies otherwise:
|
Emirate |
The Emirate of Dubai. |
|
Law: |
Law No.
(8) of 2018 Concerning Management of the Government of Dubai Human Resources. |
|
Executive Council
Resolution: |
Executive Council
Resolution No. (6) of 2020 Approving the Financial Benefits of
Government of Dubai Employees. |
|
Department: |
Any of the departments;
public agencies or corporations; or councils and authorities affiliated to
the Government, which is subject to the Law. |
|
Director General: |
A director general of a
Department, including an executive director/ chief executive officer, a
secretary general, or any other person in a similar position. |
|
DGHR: |
The Dubai Government
Human Resources Department. |
|
Employee: |
A male or female person
who occupies a budgeted Post in a Department under a Special Contract. |
|
UAE National: |
Any person who holds the
nationality of the United Arab Emirates. |
|
Special Contract: |
A contract concluded by
a Department with an Employee to occupy a vacant Post in that Department,
subject to the terms and conditions stipulated in this Resolution. |
|
Total Salary: |
Monthly salary, which
comprises the Basic Salary and the General Allowance. |
|
Pivotal Post: |
A Post that primarily
relates
to the key functions of a Department and that is
required for achieving its objectives and performing its functions as
stipulated in the legislation establishing that
Department or regulating its business. |
|
Specialised Post: |
A Post that supports the
key functions of a Department, and whose
incumbents are difficult to retain due to highly
competitive demand for that Post, and the relevant scarcity
of supply, in the labour market. |
|
Occupational Group: |
A series of Posts that fall
within the same occupational field and have
common characteristics. Each Post in this series is
distinguished from other Posts by the area of
specialisation and the level of professional competencies,
skills, and knowledge required to occupy that
Post. |
|
Band: |
The level
of Posts that are included in Occupational Groups, as
determined based on the Table of Grades and Salaries in accordance with
the relevant approved criteria. |
|
Grade: |
A grade approved for a
Post based on the outcome of the relevant Post Evaluation process. |
|
Post Evaluation: |
A systematic process
aimed at assessing and determining the
weight of each Post in a Department based on the duties and requirements of that Post;
and at comparing this Post with other similar Government Posts using the
system approved by the DGHR in this
respect. |
|
Year: |
A year measured based on
the Gregorian calendar. |
The provisions of this Resolution will apply to
the UAE National and non-UAE National civilian Employees of a Department who
are appointed under Special Contracts.
a.
A person may be appointed under a Special Contract subject to
the approval of a Director General,
provided that the Post and the Employee meet the requirements stipulated in
paragraphs (b) and (c) of this Article.
b.
A Post to which a person may be appointed under a Special Contract must
meet the following requirements:
1.
The Post must be of Grade (13), or above,
as per the Post Evaluation.
2.
Specialised academic qualifications and work
experience, that are rarely found in the labour market, must be required for
holding the Post.
3.
The Post must be among the Pivotal Posts of the
Department.
4.
The Post must have an approved budget allocated
within the annual budget of the Department.
c.
To be
appointed under a Special Contract, a person must:
1.
have the academic qualifications, work experience,
professional competencies, and specialised
skills that are required for holding the Post; and add
value to the Department; and
2.
successfully pass the professional and behavioural
tests prescribed by the Department.
d.
Notwithstanding
the provisions of sub-paragraph (b)(3) of this Article, where
required, persons may be appointed to Specialised Posts under Special Contracts, subject to obtaining
the prior approval of the DGHR.
In appointing persons under Special Contracts, a
Department must:
1. not
appoint any person under a Special Contract unless all other means of
appointment are exhausted in accordance with the Law and the Executive Council
Resolution;
2. conduct
negotiations in respect of the terms of appointment under Special Contracts,
namely the salaries, allowances, and benefits stipulated in this Resolution;
and
3. provide
the DGHR with an annual report on the Posts to which Employees are appointed
under Special Contracts and on the Department plans to transfer knowledge from
these Employees to the concerned employees of the Department.
a.
A
Special Contract will be valid for a period of one (1) Year, automatically
renewable for the same period. The overall term of a Special Contract must not exceed four
(4) Years.
b.
Notwithstanding
the provisions of paragraph (a) of this Article, the term of a Special Contract
may, subject to the
written approval of the DGHR and in accordance with standards and rules issued
pursuant to a resolution of its Director General, be extended at
the request of the Department upon the
lapse of the maximum overall term prescribed for the contract. The extension may not exceed one (1) Year at
a time.
a.
In addition to the financial benefits stipulated
in the Executive Council Resolution, an Employee may be granted any of the
following benefits:
1.
a monthly Total
Salary that does not exceed the highest point of the pay scale of the Band to
which he is appointed; and/or
2.
a Special Contract allowance of up to twenty-five
percent (25%) of his Total Salary, where he is in an
Occupational Group assigned Band 3; or up
to twenty percent (20%) of his Total, where he is in an
Occupational Group assigned Band 1 or Band 2. This
allowance will not be deemed part of the Total Salary of the Employee.
b.
Notwithstanding the provisions of sub-paragraph
(a)(2) of this Article, a Department may, based on valid reasons, increase the
percentage of the Special Contract allowance subject to obtaining the prior
approval of the DGHR. This approval will be issued in accordance with the rules
adopted by the DGHR in this respect.
c.
The following allowances and benefits may be
granted to an Employee:
1.
education allowance for up to three (3) of his
children who are aged less than twenty-one (21) Years, who hold valid UAE
residence permits, and who are enrolled in any of the private educational institutions
in the Emirate. The education allowance will be disbursed annually in an amount
not exceeding twenty-five thousand Dirhams (AED 25,000.00) per child;
2.
accommodation, or a housing allowance not
exceeding one hundred and fifty thousand Dirhams (AED 150,000.00) per annum,
based on a lease contract attested in the Emirate in accordance with the
legislation in force.
An Employee
is entitled to all the types of leave stipulated in the Law, except for study
leave, event participation leave, and spouse escort leave.
Upon the
expiry of a Special Contract, a Department may, upon the request of a UAE
National Employee, transfer that Employee to any vacant Post, in the Department, that suits
his qualifications and work experience. In this case, the Employee will be
granted the Total Salary, benefits, and allowances of the Post to which he is
transferred; and his service will be deemed continuous service.
a.
An
Employee must train the concerned employees at his Department and transfer his knowledge to them
in order to develop their professional skills and competencies. The Department
must set the
development plan required for implementing this
training and must
follow up that plan.
b.
Where an
Employee continues to occupy a Post in
a Department under a
Special Contract for more than four (4) Years, the Department must prepare the training and development plans required for enabling UAE National employees to
occupy that Post in the future. This must be taken into consideration when conducting Manpower Planning and preparing plans for
Emiratisation and replacement of non-UAE National Employees.
a.
The
service of an Employee will be terminated based on any of the reasons of
termination
stipulated in the Law.
b.
Notwithstanding
the provisions of paragraph (a) of this Article, the service of an Employee
will be terminated for lack of professional competence, or for absence from work, in either of the following two (2) cases:
1.
where he obtains a “Fails to Meet Expectations”
rating, whether he is a UAE national or a non-UAE national; or
2.
where he is absent from work without a prior
permission, or a valid reason, for more than five (5) consecutive days or for
more than seven (7) non-consecutive days within a Year.
c.
Where
the service of an Employee is terminated in accordance with sub-paragraph
(b)(1) of this Article, he will be served with a written termination notice at least two (2)
months prior to the effective date of termination. The
Employee's
Department may reduce this period, in which case he will be granted a financial
allowance equal to his Total Salary for the remainder of
the notice period. The remainder
of the notice period
will not be deemed part of the Employee's actual period of service with the
Department.
d.
Where
the service of an Employee is terminated pursuant to a disciplinary decision or
a court judgement; or due to absence from work, resignation, or lack of
professional competence, he must refund the amount of the educational allowance
and housing allowance for the remaining period of his Special Contract.
Except for
Employees who are entitled to a retirement pension or an end-of-service
gratuity in accordance with the above-mentioned Federal Law No. (7) of 1999, or
any other legislation, an Employee will be entitled, upon the end of his
service, to an end-of-service gratuity in accordance with the Law.
Application of Provisions to
Existing Situations
a.
A Department must, within one (1) month from the
date on which this Resolution is issued, submit to the DGHR a list of Employees
who are appointed by the Department under Special Contracts and the Posts they
occupy. The Department must, as of the date on which this Resolution comes into
force, apply its provisions to the terms of employment of these Employees.
b.
The Committee formed pursuant to the Executive
Council Resolution to place employees on Grades will review the Special
Contracts referred to in paragraph (a) of this Article to decide whether to
apply this Resolution to the Employees appointed under these contracts or to
place them on Grades in accordance with the Executive Council Resolution.
a.
An
Employee may not be transferred, seconded, or assigned the duties of another Post outside his Department during the
period of his employment under a Special Contract.
b.
An
Employee appointed under a Special Contract may not be promoted.
c.
When
appointing an Employee under a Special Contract, a Department will use the
template approved by the DGHR for guidance, and must provide the DGHR with a
copy of the contract concluded with him.
d.
An
Employee will be entitled only to the allowances and other financial benefits stipulated in the Executive Council
Resolution and this Resolution.
e.
Failure
to comply with the provisions of this Resolution will result in the
nullity of the act
in question, and
the concerned Employee
will be required to refund any amounts unlawfully paid to him.
Where this
Resolution is silent, the Law and the legislation issued in pursuance thereof
will apply.
The Director
General of the DGHR will issue the resolutions required for the implementation
of this Resolution. These resolutions will be published in the Official
Gazette.
This Resolution
comes into force on 1 January 2020, and will be published in the Official
Gazette.
Hamdan
bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the Executive Council
Issued in Dubai on 11 January 2020
Corresponding to 16 Jumada al-Ula 1441
A.H.
©2020 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.