Executive Council
Resolution No. (80) of 2022
Amending Executive
Council Resolution No. (1) of 2022
Issuing the
Implementing Bylaw of Law No. (3) of 2022 Concerning the
Rights of Persons
with Disabilities in the Emirate 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. (2) of 2021
Concerning the Knowledge and Human Development Authority in Dubai;
Law No. (3) of 2022
Concerning the Rights of Persons with Disabilities in the Emirate of Dubai; and
Executive Council Resolution
No. (1) of 2022 Issuing the Implementing Bylaw of Law No. (3) of 2022
Concerning the Rights of Persons with Disabilities in the Emirate of Dubai (the
“Original Resolution”),
Do hereby issue this
Resolution.
Article (6) of the Original
Resolution is hereby superseded by the following:
Recruitment and Employment Opportunities
Article (6)
b.
No public or private entity may deprive a Person with
Disability of employment on the grounds of disability. These entities must
provide the Reasonable Accommodations that enable Persons with Disabilities to
discharge their duties on an equal footing with others.
c.
In coordination with Concerned Entities, the Dubai
Government Human Resources Department must:
1.
ensure that
Inclusive Employment opportunities are provided to Persons with Disabilities
and support their right to employment, develop their sense of achievement and
contribution, and raise awareness amongst the community on the right and
ability of Persons with Disabilities to take up employment;
2.
ensure that Persons
with Disabilities are provided with opportunities for professional orientation,
Habilitation, and training and for continued professional training and
development, in accordance with their needs; and that their professional skills
and experience are developed to meet the labour market needs;
3.
promote Inclusive
Employment opportunities for Persons with Disabilities; provide them with the
necessary support in securing employment; and adopt support programmes, such as
Supported Employment and other programmes and initiatives, that are
commensurate with the qualifications of Persons with Disabilities and with the
type and degree of disability, whether it is minor, major, or combined
disability. This includes any disabilities that require special additional
measures, such as mental disorders;
4.
encourage the
private sector to employ Persons with Disabilities and to offer them the
appropriate incentives and facilities;
5.
encourage Persons
with Disabilities to engage in private business and trade; and launch the
initiatives, programmes, and business incubators that enable them to establish
their private investment projects;
6.
create a database
of the employees and job seekers from amongst Persons with Disabilities in the
public and private sectors, and a database of available employment
opportunities that may interest Persons with Disabilities; and
7.
publish data,
information, Statistics, reports, and research on the work and employment of
Persons with Disabilities; and encourage the public and private sectors to
conduct scientific research and studies aiming at improving the quality of life
of Persons with Disabilities and alleviating the impact of disability on them.
d.
All Concerned Entities must:
1.
not discriminate
against any person based on disability in matters of employment, particularly
those related to employment applications, employment terms, retention of
employees, performance appraisal, career advancement, promotions,
end-of-service gratuity, retirement schemes, safe and healthy working
conditions, and any other similar matters;
2.
provide appropriate
and healthy working conditions for Persons with Disabilities, and protect them
from all forms of Discrimination, Abuse, Neglect, Exploitation;
3.
provide an
Accessible Environment for Persons with Disabilities at workplaces and adopt
Accessible Formats in imparting information that assists them in performing
their duties and enables them to easily and conveniently use all the facilities
available in workplaces;
4.
provide Reasonable
Accommodations for Persons with Disabilities, including those required for
performing their employment duties or for participating in training programmes.
The Dubai Government Human Resources Department must, in coordination with the
Concerned Entities in charge of labour affairs, approve the requirements and
instruction manuals related to Reasonable Accommodations in workplaces;
5.
support vocational
and professional Rehabilitation programmes for Persons with Disabilities to
ensure that they retain or regain their employment; and
6.
raise awareness on
the rights of Persons with Disabilities amongst the people interacting with
Persons with Disabilities in general, and amongst the human resources staff in
particular, and train them on how to interact with Persons with Disabilities.
The Schedule entitled
“Violations and Fines” and attached to the Original Resolution is hereby
superseded by the Schedule attached to this Resolution.
This Resolution comes into
force on the day on which it is issued, 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 7 December 2022
Corresponding to
13 Jumada al-Ula 1444 A.H.
Schedule
Violations and
Fines
|
SN |
Violation |
Fine (in dirhams) |
|
1 |
Committing
any form of Discrimination against a Person with Disability, including
denying him using Reasonable Accommodations or refusing to provide any
services to which he is entitled in accordance with the legislation in force. |
10,000.00 |
|
2 |
Using any
words, expressions, descriptions, or signs, or engaging in any act intended
to demean a Person with Disability or his abilities, or degrade him in any
manner whatsoever. |
7,000.00 |
|
3 |
Exploiting a
Person with Disability. |
20,000.00 |
|
4 |
Abusing a
Person with Disability. |
50,000.00 |
|
5 |
Failure by
the Care-giver of a Person with Disability to meet his obligations under law. |
7,000.00 |
|
6 |
Committing
Neglect in providing care or protection to a Person with Disability, in any
manner whatsoever, by the person assigned to provide that care or protection. |
5,000.00 |
|
7 |
Refusal or
failure to report, or delay in reporting, to the Concerned Entities any
Abuse, Discrimination, Exploitation, or assault to which a Person with
Disability is subjected, or any denial of a right to which he is entitled
under the Law, this Resolution, or other legislation in force. |
5,000.00 |
|
8 |
Refusal to
admit a student with disability, in any Educational Stage, without a reason acceptable
to the Knowledge and Human Development Authority in Dubai. |
50,000.00 |
|
9 |
Imposing
additional fees or costs in return for providing Reasonable Accommodations to
a student with disability during any of the Educational Stages. |
20,000.00 |
|
10 |
Failure to
provide the appropriate aids and tools or Reasonable Accommodations required
for integrating a Person with Disability in the work environment. |
5,000.00 |
|
11 |
Refusal to
employ or engage a qualified Person with Disability for any reason related to
his disability without a reason acceptable to the Dubai Government Human
Resources Department. |
5,000.00 |
©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.