Resolution No.
(15) of 2021
Concerning the
Power to Transfer Employees Between
Government Entities in Exceptional
Circumstances[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
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
(the “DGHR”) and its amendments;
Law
No. (8) of 2018 Concerning Management of the Government of Dubai Human
Resources;
Decree
No. (29) of 2020 Forming the Supreme Committee for Development of the
Government Sector in the Emirate of Dubai (the “SCDGS”);
The
human resources legislation applicable to the Government Entities to which Law
No. (8) of 2018 Concerning Management of the Government of Dubai Human
Resources does not apply; and
The
presentation of the Chairman of the Supreme Committee for Development of the
Government Sector in the Emirate of Dubai,
Do hereby issue this
Resolution.
a.
Pursuant to this Resolution,
the Director General of the DGHR is vested with the power to issue the resolutions transferring Employees between Government Entities in the Emirate
of Dubai in exceptional circumstances, particularly in case of:
1. restructuring a Government Entity or any of its organisational units. This
includes, transferring the duties of an organisational unit to an existing or a
new Government Entity;
2. establishing a new Government Entity;
3. merging Government Entities or dissolving a Government Entity; or
4. any other case approved by the SCDGS.
b.
Any transfer that is made pursuant to paragraph (a) of this Article must be
consistent with the findings and directives of the SCDGS.
The
following must be observed in transferring any Employee pursuant to the provisions
of this Resolution:
1. The Employee must
receive the same Total Salary he used to receive prior to the transfer. The
entity to which the Employee is transferred must grant him all the benefits,
allowances, and increments stipulated in the legislation applicable to that
entity, where the relevant requirements are met.
2. The duties of the
post to which the Employee is transferred must be commensurate with the work
experience and competencies of the Employee.
3. The Employee must
be placed on the grade of the post to which he is transferred irrespective of
the grade of his previous post.
4. The service of the
Employee transferred under this Resolution will be deemed continuous service
for all purposes, including determining the date on which the annual air ticket
allowance is disbursed.
5. Any other matters
that must be observed under the legislation in force in the Emirate of Dubai in
transferring any Employees in exceptional circumstances.
All Government Entities in the Emirate of Dubai must fully cooperate with the SCDGS and the DGHR; and must comply with the resolutions issued by these two (2) entities in accordance with the powers vested in the DGHR pursuant to this Resolution, the resolutions issued in pursuance hereof, and the legislation in force in the Emirate.
The
Chairman of the SCDGS will issue the resolutions required for the implementation of the
provisions of this Resolution.
This Resolution 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 27 April 2021
Corresponding to 15 Ramadan 1442
A.H.
©2021 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.