Executive
Council Resolution No. (36) of 2020
Concerning the
Telework System for the 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. (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;
Decree No. (7) of 2020 Determining the
Government
Entities Governed by the Government of Dubai Human Resources Management Law;
and
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,
Do 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:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Government: |
The Government of Dubai. |
|
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; councils; authorities; or other entities,
which are subject to the Law. |
|
DGHR: |
The Dubai Government Human Resources
Department. |
|
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. |
|
Human Resources Directorate: |
The organisational unit responsible
for human resources within a Department. |
|
Employee: |
A person who occupies a budgeted post
in a Department, and to whom the Telework System applies. |
|
Immediate Supervisor: |
A person who undertakes direct
supervision of the performance of an Employee at a Department. |
|
Telework System: |
A work arrangement which allows an
Employee to perform his employment duties outside of the workplace of the Department in accordance with the rules and
conditions prescribed by this Resolution and the Bylaw. |
|
Bylaw: |
A regulatory bylaw, issued by a
Director General,
governing the
implementation of the Telework System at the Department in a manner that is
suitable to the nature of its work and consistent with the provisions of this
Resolution. |
|
Emergency: |
An unexpected and unforeseeable public
situation that may render the performance of work duties
at the head office or branch
offices of a
Department a danger to the
Employees.
This includes declared crises and disasters at the level of the UAE, Emirate,
or Department; or any other situation which the Government decides to
consider as an Emergency. |
The provisions of this Resolution apply
to all UAE National and non-UAE National civilian Employees to whom the Law
applies.
The Telework System will have the
following objectives:
1.
to
provide various flexible work arrangements that are aligned with the Government
policies and with the relevant adopted international best practices;
2.
to
increase the productivity of Departments and their Employees by focusing on
results and achievements;
3.
to
enhance organisational agility by allowing each Department the
flexibility to manage its operations, provide its services, and perform the
duties assigned to it according to its operational nature, in a way that contributes
to increasing its efficiency and effectiveness and to retaining its human
resources;
4.
to
strike a balance between Employees' working hours and work requirements and
their personal life requirements; and
5.
to
ensure business continuity in Emergencies.
An Employee may be assigned to perform
his employment duties remotely under the Telework System according to
any of the following schemes:
1.
full-time
telework, in case of posts whose duties are capable of being performed outside
of the workplace of the Department; and
2.
part-time
telework, in case of posts whose duties are capable of being performed both within and outside of the workplace
of the Department. In this case, working days may, at the discretion of the
Department and as it deems fit in this regard, be divided evenly, or otherwise,
between performing employment duties at the workplace of the Department and remotely.
a.
The
Telework System will be implemented in respect of a post
subject to the following requirements:
1.
The
duties of the post must be capable of being performed outside of the workplace
of the Department.
2.
The
Telework System must not adversely affect the productivity of the Department or
the Employee; the proper flow of work at the Department; its overall
performance; or the provision of its services as required.
3.
The
performance of the Employee occupying the post must be monitorable and
assessable.
4.
Telework
must be performed within the UAE.
b.
Notwithstanding
the provisions of sub-paragraph (a)(4) of this Article, the Director General
may allow the Employee to telework from outside of the UAE where an Emergency
arises at the country where the Employee is present, rendering his return to
the UAE onerous.
c.
Where
a teleworking Employee performs his employment duties from outside of the UAE
under paragraph (b) of this Article, information security and confidentiality
must be ensured; and the Employee’s performance of these duties, and his
productivity during the telework period, must be monitored.
a.
Telework
will be regulated at a Department pursuant to a Bylaw issued by the Director
General.
b.
The
Bylaw must provide for the following:
1.
the
cases where Employees are allowed to telework;
2.
the
telework periods,
days, and hours of Employees as per work requirements. Telework may take place at other than the
official working hours adopted by the Department;
3.
the
mechanism and means of contact and communication between Employees and their Immediate Supervisors; and
between Employees and the Department;
4.
the
technological means, tools, hardware, and software required to enable Employees
to perform their employment duties;
5.
the
mechanism and procedures for monitoring and measuring the performance by Employees
of their employment duties;
6.
the
mechanism and procedures for assigning employment duties to Employees;
7.
the
roles and responsibilities of Employees, set forth in a manner that ensures
proper implementation of the Telework System;
8.
the
potential technical hazards arising from the performance by Employees of their employment duties under the
Telework System; and ways of managing these hazards to ensure business
continuity at the Department; and
9.
the
measures, procedures, and rules that must be observed to protect information
security and confidentiality, in line with the legislation in force.
c.
Telework
may not be deemed an acquired right of the Employee or an entitlement to him as
against the Department. Telework may be cancelled or amended where its implementation
contradicts the public interest or disrupts the proper flow of work at the
Department.
For the purpose of achieving the
objectives of the Telework System, the DGHR will have the duties and powers to:
1.
provide
Departments with technical advice and support on all matters related to the
implementation of the provisions of this Resolution;
2.
monitor
compliance by Departments with the provisions of this Resolution in
implementing the Telework System;
3.
measure
and evaluate the impact of implementing this Resolution by Departments in order
to improve and update the same;
4.
review
the provisions of this Resolution on a regular basis, propose any necessary
amendments thereto, and submit the same to the competent entities for approval;
5.
issue,
in coordination with the competent entities, the resolutions and circulars
required for the implementation of the Telework System in Emergencies that are
declared across the Emirate,
to ensure business continuity at Departments and uninterrupted provision of
their services and performance of their required duties; and
6.
exercise
any other duties or powers assigned to it by the Chairman of the Executive
Council of the Emirate.
A Department must:
1.
provide
the technological means and equipment, as well as the technical support, as
required to enable Employees to perform their employment duties outside of the
workplace of the Department;
2.
devise
an effective plan for communicating with the Employees working under the
Telework System;
3.
review
the main processes pertaining to the provision of services to its customers,
and determine which services are affected by the implementation of the Telework
System, to determine to what extent the employment duties and tasks associated
with the performance of these processes and services are teleworkable;
4.
prepare
periodic reports and provide data on the outcomes of the Telework
System implementation, and submit the same to the DGHR; and
5.
perform
any other obligations determined pursuant to the relevant resolutions or
circulars issued by the Director General of the DGHR.
For the purpose of implementing the
provisions of this Resolution, a Human Resources Directorate will, in coordination
with the concerned organisational units within a Department, have the duties
and powers to:
1.
draft,
and regularly update, the Bylaw; and submit the same to the Director General
for approval;
2.
prepare,
and regularly update, a list of the posts whose employment duties and tasks are
capable of being performed under the Telework System; and submit the list to
the Director General for approval;
3.
provide
Employees with the training and technical support required for implementing
the Telework
System; and
4.
measure
the impact of implementing the Telework System; and submit the reports required
in this respect to the DGHR.
For the purpose of implementing this
Resolution, an Immediate Supervisor will:
1.
determine
the Employees assigned to telework, within the organisational unit he
supervises. In this regard, the Immediate Supervisor must act in the public
interest and maintain impartiality and justice when selecting the Employees to
be assigned to work under the Telework System in accordance with the Bylaw;
2.
determine
and follow up the duties and performance indicators of the teleworking Employees he supervises, and
document the outcomes thereof;
3.
ensure
the satisfaction of all the requirements needed to enable the teleworking
Employees he supervises to perform their employment duties and tasks
outside of the workplace of the Department;
4.
determine,
in coordination with the Human Resources Directorate, the telework days and
hours of, and the mechanism for communicating with, the teleworking Employees
he supervises; and submit the same to the director supervising his
organisational unit at the Department; and
5.
coordinate
with the Human Resources Directorate on the assignment of Employees within his
organisational unit to work under the Telework System, or cancelling this
assignment, in line with the exigencies of public interest.
An Employee must:
1.
comply
with the provisions of the Law, this Resolution, the Bylaw, the legislation in
force in the Emirate, and the bylaws and regulations adopted by his Department;
2.
maintain
the confidentiality of the information and data to which he has access by
reason of his work under the Telework System;
3.
perform
his duties and tasks efficiently and effectively as required, maintaining
honesty, integrity, and professionalism;
4.
perform
his employment duties and tasks by himself, and not outsource the same to any
Employee or any other person;
5.
submit
periodic reports to the Immediate Supervisor on the employment duties and tasks
performed during the telework period;
6.
adhere
to the telework days and hours agreed upon with the Immediate Supervisor;
7.
comply
with the communication mechanism approved by the Immediate Supervisor, and
maintain an effective contact and response approach in order to
perform the work assigned to him;
8.
protect
all equipment and supplies entrusted to him or put in his possession; and
request maintenance for the same where required;
9.
return
the supplies and equipment provided to him by the Department, when requested;
10. refrain from using the
supplies and equipment provided to him by the Department for other than
work-related purposes; and
11. subject to disciplinary
liability, report to work at the workplace of the Department whenever recalled
and where required to attend meetings, events, gatherings, or any other
occasion.
An Employee who works under the
Telework System
will be entitled to the salaries, bonuses, benefits, allowances, and increments
stipulated in the Law and the resolutions issued in pursuance thereof.
The above-mentioned Executive Council
Resolution No. (62) of 2016 does not apply to Employees who perform their
employment duties and tasks under the Telework System.
Where this Resolution is silent, the
provisions of the Law and the legislation issued in pursuance thereof will
apply.
This Resolution will be published in the
Official Gazette and will come into force on the day on which it is published.
Hamdan bin Mohammed bin
Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the Executive Council
Issued in Dubai on 25 November 2020
Corresponding to 10
Rabi al-Thani 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.