Administrative
Resolution No. (1) of 2023
Approving the Bylaw Regulating Overtime Work at the
Departments Governed by the Government of
Dubai Human Resources Management Law[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
The Director
General of the Dubai Government Human Resources Department,
After
perusal of:
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;
Executive
Council Resolution No. (62) of 2016 Concerning the Provision of Care Related to
Occupational Injuries and Occupational Diseases to the Government of Dubai
Employees; and
Executive
Council Resolution No. (36) of 2020 Concerning the Telework System for the
Employees of the Government of Dubai,
Does hereby issue this
Resolution.
Pursuant to this Resolution, the attached Bylaw Regulating Overtime Work at the Departments Governed by the Government of Dubai Human Resources Management Law, inclusive of the rules, regulations, and appendices set forth therein, is approved.
Any provision in any other administrative resolution is hereby repealed to the extent that it contradicts the provisions of this Resolution.
This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.
Abdullah Ali
bin Zayed Al Falasi
Director
General
Dubai
Government Human Resources Department
Issued in Dubai on 14 August 2023
Corresponding to 27 Muharram 1445
A.H.
The
following words and expressions, wherever mentioned in this Bylaw, will have
the meaning indicated opposite each of them unless the
context implies otherwise:
|
Law: |
Law
No. (8) of 2018 Concerning Management of the Government of Dubai Human
Resources. |
|
Department: |
Any
of the Government departments; public agencies or corporations; or councils
and authorities affiliated to the Government, which are governed by 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. |
|
Human
Resources Directorate: |
The
organisational unit responsible for human resources within a Department. |
|
Immediate
Supervisor: |
An
Employee who undertakes direct supervision of the performance of the
Employees of an Organisational Unit at a Department. |
|
Employee:
|
A
male or female person who occupies a budgeted post in a Department. |
|
Overtime
Work: |
The
exertion of effort by an Employee, outside of his official working hours, to
preform specific work or tasks assigned to him in writing by the Immediate
Supervisor, in accordance with the conditions and rules prescribed in the Law
and this Bylaw. |
a. The provisions of this Bylaw apply to:
1. any Employee working on a full-time basis or on a temporary basis; and
2. any Employee working under the Telework System and holding a post included in the list of the posts whose duties and tasks can be performed under the Telework System, as approved by the Department in accordance with the provisions of the above-mentioned Executive Council Resolution No. (36) of 2020.
b. This Bylaw does not apply to Employees working on a part-time basis.
This Bylaw aims to:
1. regulate the
process of assigning Overtime Work to Employees;
2. establish the
rules and regulations for assigning Overtime Work to Employees; and
3. develop the
governance of the procedures for calculation of Overtime Work periods and pay.
The following categories of Employees may not be assigned Overtime Work:
1. an Employee with
disability whose working hours are reduced;
2. a female Employee
granted a nursing break;
3. an Employee whose
working hours are reduced due to his medical condition, as evidenced by a
report issued by the competent Medical Committee;
4. an Employee whose
working hours are reduced to attend classes. This exemption applies only to the
days during which the working hours of the Employee are reduced.
a. Subject to the Overtime Work conditions stipulated in Article (31) of the Law, before assigning any Overtime Work to an Employee of an Organisational Unit, the Immediate Supervisor in charge of that unit will:
1.
coordinate the
assignment of Overtime Work in advance with the Human Resources Directorate;
and
2. provide the grounds for Overtime Work assignment by indicating the nature of the Overtime Work assigned to the Employee, and establishing that such assignment is mandated by the work nature and needs.
b. The Immediate Supervisor will provide the Human Resources Directorate with proof of completion by the Employee of the Overtime Work assigned to him.
c. Notwithstanding the provisions of sub-paragraph (1)(a) of this Article, an Immediate Supervisor may, in emergencies and exceptional circumstances, assign Overtime Work to an Employee verbally and directly, in which case the Human Resources Directorate must be informed of the Overtime Work assignment, and the Overtime Work conditions prescribed by Article (31) of this Law and by this Resolution must be satisfied.
a. Overtime Work will be assigned and approved using the electronic system adopted by the Department.
b. A Department will continue to assign and approve Overtime Work using the systems adopted by it by the effective date hereof until that Department adopts an electronic system in accordance with the provisions of paragraph (a) of this Article.
When assigning Overtime Work to an Employee, any flexible working hours scheme adopted by the Department must be observed.
a. The Overtime Work assigned to an Employee must be related to his original duties.
b. Notwithstanding the provisions of paragraph (a) of this Article, an Employee may, subject to his consent, be assigned other tasks that are not related to his original duties, provided that he has the professional competencies and experience required to perform these tasks.
Subject to the provisions of Article (31) of the Law, the maximum Overtime Work period will be calculated based on a maximum limit of ninety (90) Overtime Work days per year. The maximum Overtime Work hours per year will be calculated as per the formula set out in the table attached hereto.
a. Subject to the provisions of Article (31) of the Law, Overtime Work pay will be calculated based on the basic salary received by an Employee at the time of performing the Overtime Work. The calculation of Overtime Work pay will be made using the formula set out in the table attached hereto.
b. Overtime Work pay will be disbursed to an Employee in the month following the month during which the Overtime Work is performed.
c. The Overtime Work pay of an Employee appointed on a temporary basis will be calculated based on one-half of the monthly remuneration of that Employee.
Subject
to the provisions of Article (31) of the Law, compensatory time-off will be
calculated as per the formula set out in item (V) of the
table attached hereto.
In assigning Overtime Work to an Employee, his physical and mental health and safety must be taken into account. The Overtime Work must not cause the Employee to suffer exhaustion or fatigue.
An Employee may not refuse to perform Overtime Work without providing a written excuse acceptable to his Immediate Supervisor.
|
I. Calculation of Maximum Overtime Work Period per Year |
|
Maximum number of Overtime Work days x Average daily working hours = Maximum Overtime Work hours per year 90 x 7.3 = 657 hours |
|
II. Calculation of Average Daily Working Hours |
|
Total number of weekly working hours ÷ Number of working days per week = Average daily working hours 36.5 ÷ 5 = 7.3 hours Note:
The average daily working hours in the above
equation vary depending on the working hours adopted by each Department. |
|
III. Calculation of Overtime Work Pay for Official Working Days |
|
|
Monthly Basic Salary |
Varies from one Employee to another |
|
Hourly Pay |
Monthly basic salary x Number of months in a year ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ Average daily working hours x Number of working days in a week x Number of weeks in a year (7.5 x 5 x 52) |
|
Hourly Pay During the Holy Month of Ramadan |
Monthly basic salary x Number of months in a year ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ Daily working hours in Ramadan x Number of working days in a week x Number of weeks in a year (5 x 5 x 52) |
|
Overtime Work Hours in a month |
Varies from one Employee to another |
|
Overtime Work Pay for the month |
1.25 x monthly Overtime Work hours x hourly pay |
|
Explanatory Example: |
||
|
Monthly basic salary |
10,000.00 |
|
|
Hourly pay |
(10,000 x 12) ــــــــــــــــــــــــــــــ (7.3 x 5 x 52) |
= 63.22 |
|
Overtime Work Hours in a month |
10 |
|
|
Overtime Work Pay for the month |
1.25 x 10 x 63.22 = 790.31 |
|
|
IV. Calculation of Overtime Work Pay for Weekly Rest Days and
Official Holidays |
|
|
Monthly basic salary |
Varies from one Employee to another |
|
Hourly
Pay |
Monthly basic salary x Number of months in a year ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ Average daily working hours x Number of working days in a week x Number
of weeks in a year |
|
Monthly basic salary x 12 ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ (7.3 x 5 x 52) |
|
|
Hourly Pay During the Holy Month of Ramadan |
Monthly basic salary x Number of months in a year ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ Daily working hours in Ramadan x Number of working days in a week x Number
of weeks in a year |
|
Monthly basic salary x 12 ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ (5 x 5 x 52) |
|
|
Overtime
Work Hours in a month |
Varies from one Employee to another |
|
Overtime
Work Pay for the month |
1.5 x monthly Overtime Work hours x hourly pay |
|
Explanatory Example: |
||
|
Monthly basic salary |
10,000.00 |
|
|
Hourly pay |
(10,000 x 12) ــــــــــــــــــــــــــــــ (7.3 x 5 x 52) |
= 63.22 |
|
Overtime Work Hours
in a month |
10 |
|
|
Overtime Work Pay
for the month |
1.5 x 10 x 63.22 = 948.37 |
|
|
V. Compensatory Time-off Calculation |
|
One-day compensatory time-off = Average daily working hours of the
Employee [calculated as per the formula set out in item (II) of this table] Explanatory Example: For an Employee to be granted one-day
compensatory time-off, the total number of Overtime Work hours during the
week must be 7.3. |
©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.