Decree No. (60) of
2023
Regulating the
Transfer
of Employees in the Government of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
Federal Law No. (7) of 1999
Issuing the Pensions and Social Security Law and its amendments;
Cabinet Resolution No. (46)
of 2019 Concerning the System of Exchange of Insurance Benefits between Pension
Funds Operating in the UAE;
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. (31) of 2009
Establishing the Dubai Government Human Resources Department and its
amendments;
Law No. (1) of 2016
Concerning the Financial Regulations of the Government of Dubai, its
Implementing Bylaw, and their 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;
Decree No. (46) of 2022
Concerning the End-of-Service Gratuity Management Schemes of Employees in the
Emirate of Dubai;
Resolution No. (15) of 2021
Concerning the Power to Transfer Employees between Government Entities in
Exceptional Circumstances;
Executive Council Resolution
No. (6) of 2020 Approving the Financial Benefits of the Government of Dubai
Employees;
Executive Council Resolution
No. (7) of 2020 Regulating Employment Under Special Contracts in the Government
of Dubai;
Executive Council Resolution
No. (14) of 2022 Concerning Filling Vacant Posts at Government Entities in the
Emirate of Dubai; and
The human resources
legislation applicable to the Government Entities affiliated to the Government
of Dubai and other entities not governed by the above-mentioned Law No. (8) of
2018 Concerning Management of the Government of Dubai Human Resources,
Do hereby issue this Decree.
Section One
Definitions, Scope of Application, and Types
of Transfer
The following words and
expressions, wherever mentioned in this Decree, 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. |
|
Law: |
Law
No. (8) of 2018 Concerning Management of the Government of Dubai Human
Resources. |
|
GPSSA: |
The
General Pensions and Social Security Authority. |
|
DGHR: |
The
Dubai Government Human Resources Department. |
|
Director General: |
Director
General of the DGHR. |
|
Department: |
Any
of the Government departments; public agencies or corporations; or councils
and authorities affiliated to the Government, which are subject to the Law. |
|
Other Entity: |
A
Government Entity that is not governed by the Law or a non-government entity which
is established pursuant to legislation issued by the Ruler, or owned by or
affiliated to the Government, a Department, or a Government Entity; and which
is classified by the GPSSA as a Government sector employer. |
|
Local Entity: |
A
Department or Other Entity. |
|
Other Government Entity: |
A Federal
Government Entity or a Local Government Entity affiliated to any emirate,
other than the Emirate. |
|
Employee: |
A
male or female person who occupies a budgeted post in a Local Entity or Other
Government Entity. |
|
UAE National: |
Any
person holding the UAE nationality. |
|
Total Salary: |
The
monthly salary, which comprises the Basic Salary and the General Allowance under
the Law, or a similar form of compensation adopted by any Other Entity. |
|
Inter-entity Transfer in Ordinary
Circumstances: |
The
transfer of an Employee outside the entity for which he works where the prior
consent of the Employee is required for the transfer. |
|
Inter-entity Transfer in
Exceptional Circumstances: |
The
transfer of an Employee outside the entity for which he works in any of the
cases stipulated in this Decree, where the prior consent of the Employee is
not required for the transfer. |
|
Existing Rights: |
The
Basic Salary, General Allowance, and other similar benefits, even if they
exceed the salary of the highest point of the pay scale for the Employment
Grade to which the Employee is transferred. These do not include Job Titles,
supervisory levels, or any other allowances or additional compensation to
which entitlement is related to the post from which the Employee is
transferred. |
The provisions of this Decree
apply to civilian Employees who are transferred in accordance with the conditions,
rules, and regulations stipulated herein, depending on the type of transfer.
Types of transfer are as
follows:
1. intra-entity transfer
in ordinary circumstances;
2. intra-entity
transfer in special circumstances;
3. Inter-entity
Transfer in Ordinary Circumstances;
4. Inter-entity
Transfer in Exceptional Circumstances; and
5. inter-entity
transfer from Departments to Other Government Entities, or vice versa.
Section Two
Intra-entity Transfer in Ordinary
Circumstances
The intra-entity transfer of an
Employee in ordinary circumstances from one post to another; from a supervisory
level to a non-supervisory level or vice versa; from one organisational unit to
another; or from one position to another within a Department will take effect
without the need for the Employee's consent.
The intra-entity transfer of
Employees in ordinary circumstances will be valid subject to the following:
1. The transfer
decision must be issued by the competent authority at the Department.
2. The transfer
decision must not involve any disciplinary penalty.
3. The objective of transfer
must be achieving the public interest.
4. The transfer must
not result in demoting the Employee to an Employment Grade lower than his grade
before the transfer.
5. The Existing
Rights of the Employee must not be prejudiced.
6. The post to which
the Employee is to be transferred must be vacant, evaluated, and approved
within the Functional Structure of the Department; or be filled in accordance
with the above-mentioned Executive Council Resolution No. (14) of 2022.
7. The transfer must
be in line with the Employee's competencies, qualifications, and experience.
8. The grade of the
post to which the Employee is to be transferred must be equal to that of his
current post.
Section Three
Intra-entity Transfer in Special Circumstances
a.
An Employee who is assigned the duties of another post may
be transferred to that post after the lapse of at least three (3) months from
the date of assignment.
b.
An Employee who is transferred in accordance with paragraph
(a) of this Article will be entitled to the salary of the first point of the
pay scale of the Employment Band to which he is transferred; or to his current
salary plus a salary increment of twenty percent (20%) of his Total Salary before
the transfer, whichever is higher.
a.
An Employee who successfully passes the selection process
for a vacant post based on internal application or nomination within the Department
may be transferred to that post even if it is more than two (2) grades higher
than his current post. In that case, the Employee will be awarded the salary of
the first point of the pay scale of the Employment Band of the post to which he
is transferred, or will be awarded his current salary plus a salary increment of
twenty percent (20%) of his Total Salary before the transfer, whichever is
higher.
b.
A Department may award an Employee who is transferred to a
post on grade (16) based on internal application or nomination a salary
increment that exceeds the percentage prescribed by paragraph (a) of this
Article, subject to the following:
1.
The highest point
of the pay scale for grade (16) must not be exceeded.
2.
The prior written
approval of the DGHR must be obtained. This approval will be granted in
accordance with the methodology adopted by the DGHR for considering salaries
and wages in the labour market.
An Employee who obtains a new
academic qualification during his service may be transferred, in accordance
with the Law, to another vacant post within the Department which is
commensurate with this new qualification. In that case, the Employee will be
awarded the salary of the first point of the pay scale of the Employment Band
to which he is transferred, or his current salary plus a salary increment of
twenty percent (20%) of his Total Salary before the transfer, whichever is
higher.
A UAE National Employee will
be transferred as a result of his unsatisfactory performance to another post within
the Department, in accordance with the rules and procedures stipulated in
sub-paragraph (b)(2) of Article (124) of the Law.
Subject to the provisions of
the Law, where a UAE National Employee’s post is eliminated due to
restructuring the Department or any of its organisational units, the Director
General of the Department may:
1. transfer the
Employee to another post within the Department, on a grade equal to his
previous grade, while retaining his Existing Rights, provided that the
Employee's competencies, qualifications, and experience are commensurate with
the post to which he is transferred; or
2. in the absence of
a post commensurate with the Employee's competencies, qualifications, and
experience, transfer the Employee to another post within the Department,
provided that he is capable of performing the duties of that other post and
regardless of whether the Employment Grade of the post is equal to or lower
than his previous grade. In that case, the transfer must not prejudice the
Existing Rights and Employment Grade of the Employee.
Subject to the provisions of
the Law, the Director General of a Department may, upon the recommendation of
the Medical Committee formed pursuant to the provisions of the Law, transfer a
UAE National Employee to another post due to his health condition, subject to
the following:
1. The UAE National
Employee must be transferred to another post within the Department on an
Employment Grade which is equal to his previous grade while retaining his
Existing Rights; and the Employee's competencies, qualifications, experience,
and health condition must be commensurate with the post to which he is
transferred.
2. In the absence of
a post which is commensurate with the competencies, qualifications, experience,
and health condition of the UAE National Employee, he may be transferred to
another post on the same or a higher Employment Grade within the Department,
provided that he is capable of performing the duties of that other post. In
that case, the transfer must not prejudice the Existing Rights and Employment
Grade of the Employee; and the Department must provide the Employee with the
necessary training to enable him to perform the duties of the post to which he
is transferred.
Section Four
Inter-entity Transfer in Ordinary Circumstances
a.
Inter-entity Transfer in Ordinary Circumstances between
Local Entities will take effect regardless of whether these entities are
governed by the Law.
b.
Inter-entity Transfer in Ordinary Circumstances will be
valid subject to the following:
1.
The transferred
Employee must be a UAE National.
2.
The approval of the
Department to which the Employee is to be transferred and the Department from
which the Employee is to be transferred must be obtained.
3.
The Employee’s
prior written consent to the transfer must be obtained.
4.
The transfer of the
Employee must not be prohibited due to any legal or regulatory impediments.
a.
The personnel file and all employment entitlements of an
Employee, including his annual leave balance, will be transferred to the Local
Entity to which he is transferred in accordance with the legislation applicable
to that entity.
b.
A Local Entity from which an Employee is transferred may
retain copies of all documents related to him.
c.
A transferred Employee must obtain a clearance certificate
from the Local Entity from which he is transferred, in accordance with the
rules and procedures adopted by it, before joining the Local Entity to which he
is transferred.
d.
A Local Entity to which an Employee is transferred will bear
all the costs arising from the transfer, including any variation in the amount
of contributions to the GPSSA scheme.
a.
An Employee who is transferred from a Local Entity to
another in ordinary circumstances under this Decree will have the following
rights:
1.
The Employee’s
service periods with the Local Entity from which he is transferred and the
Local Entity to which he is transferred will be deemed a continuous period of
service.
2.
The Employee’s
Existing Rights enjoyed before the transfer may not be prejudiced, unless he
expressly agrees to the contrary.
3.
The Employee will
be entitled to the salary of the first point of the pay scale of the Employment
Grade to which he is transferred, or his Total Salary before the transfer,
whichever is higher. He may also be awarded a salary increment not exceeding
twenty percent (20%) of his post-transfer Total Salary, provided that his Total
Salary, inclusive of this increment, does not exceed the salary of the highest
point of the pay scale for the Employment Band or Employment Grade to which he
is transferred, as prescribed by the legislation applicable to the Local Entity
to which he is transferred. To be awarded this increment, the Employee must
have qualifications and experience higher than those required for occupying the
post to which he is transferred.
4.
The Employee will receive
all the allowances, additional compensation, and other financial and employment
benefits stipulated in the legislation applicable to the Local Entity to which he
is transferred, provided that he meets the relevant eligibility requirements.
b.
A Department may award an Employee who is transferred to it
a salary increment that exceeds the percentage specified in sub-paragraph
(a)(3) of this Article, subject to the following:
1.
The post to which
the Employee is transferred must be on grade (12) or above.
2.
The salary of the
Employee may not exceed the salary of the highest
point of the pay scale for his Employment
Grade.
3.
The prior written
approval of the DGHR must be obtained. This approval will be granted in
accordance with the methodology adopted by the DGHR for considering salaries
and wages in the labour market.
Section Five
Inter-entity Transfer in Exceptional Circumstances
a.
Inter-entity Transfer in Exceptional Circumstances between
Local Entities will take effect regardless of whether, or not, these entities
are governed by the Law.
b.
Inter-entity Transfer in Exceptional Circumstances will be
valid subject to the following:
1.
The Employee to be
transferred must be a UAE National. However, a non-UAE National Employee may,
where required, be exempted from this condition.
2.
Any of the cases of
Inter-entity Transfer in Exceptional Circumstances stipulated in Article (16)
of this Decree must apply.
The Inter-entity Transfer in
Exceptional Circumstances of an Employee between Local Entities will take
effect in any of the following cases:
1. transfer pursuant
to legislation issued by the Ruler or the Chairman of the Executive Council of
the Emirate;
2. restructuring the
Local Entity for which the Employee works;
3. transfer of certain
functions or organisational units from a Local Entity to another
4. establishment of a
new Local Entity;
5. dissolution or
merger of a Local Entity; or
6. any other case
approved by the Supreme Committee for Development of the Government Sector.
a.
The Inter-entity Transfer in Exceptional Circumstances of an
Employee between Local Entities will be subject to the following rules:
1.
The personnel file
and all employment entitlements of the Employee, including his annual leave
balance, will be transferred to the Local Entity to which he is transferred in
accordance with the legislation applicable to that entity.
2.
The Local Entity from
which the Employee is transferred may retain copies of all documents related to
that Employee.
3.
Where required, the
transferred Employee must obtain a clearance certificate from the Local Entity
from which the Employee is transferred, in accordance with the rules and
procedures adopted by that entity.
4.
Any other rules
stipulated in the legislation in force in the Emirate must be met.
b.
The Director General is hereby vested with the power to
issue resolutions transferring Employees between Local Entities in exceptional
circumstances, and to determine the date of their transfer, where the issuance
of these resolutions is required.
c.
The entity determined by the Department of Finance, in
coordination with the DGHR, will bear the costs of Inter-entity Transfer in
Exceptional Circumstances.
d.
The DGHR and the Department of Finance will consider the
allowances and additional compensation received by the Employees before their
transfer to Local Entities, and determine the extent to which these allowances
and additional compensation can be included in their Total Salaries at the
Local Entities to which they are transferred, in accordance with the conditions
and rules agreed upon by these Employees and Local Entities in this respect.
An Employee who is
transferred in exceptional circumstances between Local Entities in accordance
with the provisions of this Decree will have the following rights:
1. The Employee’s
service periods with the Local Entity from which he is transferred and the
Local Entity to which he is transferred will be deemed a continuous period of
service.
2. The Employee’s
Existing Rights enjoyed before the transfer may not be prejudiced.
3. The Employee will
retain his Employment Grade in case of transfer between Departments.
4. Subject to the
provisions of paragraph (d) of Article (17) of this Decree, the Employee will
be entitled to the salary of the first point of the pay scale of the Employment
Grade to which he is transferred, or his Total Salary before the transfer,
whichever is higher.
5.
The Employee will
receive all the allowances, additional compensation, and other employment
benefits stipulated in the legislation applicable to the Local Entity to which
the Employee is transferred, provided that he meets the relevant eligibility
requirements.
6. Where the Local
Entity to which the Employee is transferred does not pay children's education
allowance, the Employee who used to receive this allowance in accordance with
the legislation applicable to the Local Entity for which he worked before the
transfer will be entitled to receive this allowance from the Local Entity to
which he is transferred at the same value and for the same number of children
in respect of whom it was paid, until they reach the age of eighteen (18)
years. This allowance will, in coordination with the Department of Finance, be
paid in accordance with the procedures adopted by the entity to which the
Employee is transferred.
Section Six
Transfer of Employees from Departments to
Other
Government Entities and Vice Versa
The competent authority at a
Department may approve the transfer of an Employee to any Other Government
Entity, subject to obtaining the written consent of the Employee to the
transfer. In that case, the rights of the transferred Employee will be determined
in accordance with the legislation applicable to the entity to which the
Employee is transferred.
a.
The competent authority at a Department may approve the
transfer of an Employee from any Other Government Entity to it subject to the
following:
1.
The transferred
Employee must be a UAE National.
2.
The approval of the
entity from which the Employee is to be transferred must be obtained.
3.
The Employee’s
prior written consent to the transfer must be obtained.
4.
The transfer of the
Employee must not be prohibited due to any legal or regulatory impediments.
b.
The personnel file and all employment entitlements of an Employee, including his annual leave balance, will be transferred to Department to which he is transferred in accordance with the legislation applicable to that Department.
c. The Department to which an Employee is transferred will bear all the costs arising from the transfer, including any variation in the amount of contributions to the GPSSA scheme.
d.
An Employee transferred pursuant to this Article will have
the following rights:
1.
The Employee’s service periods
with the Department and the Other Government Entity will be deemed a continuous period of service.
2. The Employee’s Existing Rights enjoyed before the transfer may not be prejudiced, unless he expressly agrees to the contrary.
3.
The Employee will
be entitled to the salary of the first point of the pay scale of the Employment
Grade to which he is transferred, or his Total Salary before the transfer,
whichever is higher. He may also be awarded a salary increment not exceeding
twenty percent (20%) of his post-transfer Total Salary, provided that his Total
Salary, inclusive of this increment, does not exceed the salary of the highest
point of the pay scale for the Employment Grade to which he is transferred. To
be awarded this increment, the Employee must have qualifications and experience
higher than those required for occupying the post to which he is transferred.
4. The Employee will receive all the allowances, additional compensation, and other financial and employment benefits stipulated in the Law and the resolutions issued in pursuance thereof.
e.
A Department may award an Employee who is transferred to it
a salary increment that exceeds the percentage specified in sub-paragraph
(d)(3) of this Article, subject to the following:
1.
The post
to which the Employee is transferred must be on grade (12) or above.
2. The salary of the Employee may not exceed the salary of the highest point of the pay scale for his Employment Grade.
3. The prior written approval of the DGHR must be obtained. This approval will be granted in accordance with the methodology adopted by the DGHR for considering salaries and wages in the labour market.
General Provisions
The
End-of-service Gratuity of an Employee who is transferred under this Decree
will be calculated as follows:
1. The End-of-service
Gratuity for the period preceding the transfer will be calculated based on:
a. the end-of-service gratuity calculation method prescribed by
the legislation by which the Employee was governed before his transfer;
b. the Basic Salary which the Employee used to receive before
his transfer; and
c. the methods and periods applicable to the calculation of
end-of-service gratuity as prescribed by the legislation in force by which the
Employee would be governed should he had been placed on his grade based on
the Table of Grades and Salaries.
2. The end-of-service
gratuity for the period following the transfer will be calculated as per the
method prescribed by the legislation governing the Employee at the time of end
of his service.
3. The number of the
Employee’s years of service before the transfer will be taken into account when
calculating his end-of-service gratuity after the transfer.
a.
The air ticket allowance to which an Employee transferred
from any Other Government Entity to a Department, and his eligible family members,
are entitled will be paid on the anniversary of the date of his transfer to the
Department. In all events, the transferred Employee and his eligible family
members will be entitled to air ticket allowance only if the Employee completes
a full year in active service with the Department after the transfer.
b.
The air ticket allowance to which an Employee transferred
between Local Entities, and his eligible family members, are entitled will be
paid on the anniversary of the date of his entitlement to the tickets at the
entity from which he is transferred; or on the anniversary of the date of his
transfer to the new entity if the entity from which the Employee is transferred
does not pay air ticket allowances to its Employees.
c.
Where the entity to which the Employee is transferred does
not pay air ticket allowances, the entity from which the Employee is
transferred will pay a cash allowance in lieu of the annual air tickets of the
Employee and his eligible family members calculated pro rata to his actual period
of service in the Year for which the allowance is payable.
d.
The amount of air ticket allowance awarded to the
transferred Employee and his eligible family members will be determined in
accordance with paragraphs (a) and (b) of this Article and pursuant to the
human resources legislation applicable to the entity to which the Employee is
transferred.
An
Employee who is transferred to a Local Entity under this Decree will not be
subject to the probation period prescribed by the human resources legislation
of that entity.
All
Government Entities in the Emirate must fully cooperate with DGHR to enable it
to perform the functions assigned to it under this Decree, the resolutions
issued in pursuance hereof, and other legislation in force in the Emirate.
Where
this Decree is silent, the provisions of the Law and the human resources legislation
applicable to Local Entities will apply to the transfer of Employees.
For
the purposes of implementing this Decree, an Employee who is issued with an
initial approval by the Ruler to be granted the UAE nationality and who holds a
UAE passport will be treated as a UAE National.
The
Director General will issue the resolutions required for the implementation of
the provisions of this Decree.
The
above-mentioned Resolution No. (15) of 2021 is hereby repealed. Any provision
in any other legislation is also hereby repealed to the extent that it
contradicts the provisions of this Decree.
This
Decree will be published in the Official Gazette and will come into force on
the day on which it is published.
Mohammed bin
Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 21 November 2023
Corresponding
to 7 Jumada al-Ula 1445 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.