Law
No. (2) of 2015
Concerning
Human
Resource Management of
Executive
Directors/ Chief Executive Officers in the Government of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
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. (27) of 2006 Concerning Management of the Government of Dubai Human
Resources and its amendments;
Law No. (8) of 2009 Concerning Liability of Heads
and Directors of Government of Dubai Entities;
Law No. (31) of 2009 Establishing the Dubai
Government Human Resources Department;
Law No. (8) of 2013 Concerning Human Resource
Management of Directors General in the Government of Dubai; and
Executive
Council Resolution No. (25) of 2007 Concerning Collection of Monthly
Contributions of the Government of Dubai Employees Insured by the General
Pensions and Social Security Authority,
Do hereby issue this Law.
This Law will be cited as “Law
No. (2) of 2015 Concerning Human Resource Management of Executive Directors/ Chief
Executive Officers in the Government of Dubai”.
The following words and
expressions, wherever mentioned in this Law, 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. |
|
Executive Council: |
The
Executive Council of the Emirate of Dubai. |
|
Law: |
Law
No. (27) of 2006 Concerning Management of the Government of Dubai Human
Resources and its amendments. |
|
DGHR: |
The Government
of Dubai Human Resources Department. |
|
Department: |
A
Government department, public authority or corporation, council, or agency
which is subject to the Law. |
|
Director General: |
A
person who undertakes the general supervision of a Department; establishes,
follows up, and implements its strategies, policies, and work plans and
programmes; manages its resources; and is responsible for its overall
performance outcomes. This includes the head or director general of a
Department, or the chairman of its board of directors. |
|
Executive Director/ CEO: |
A
manager of a Department, other than a Director General, to whom the
above-mentioned Law No. (8) of 2013 applies. This includes executive
directors/ chief executive officers, secretaries general, deputy and
assistant directors general, and directors of Sectors who hold the grade of an
Executive Director / CEO, and any person who occupies a post deemed by the
DGHR at the grade of Executive Director / CEO in accordance with the relevant
approved standards. |
|
Sector: |
An organisational level that includes a number of Organisational
Units which must, for efficiency purposes, be within a single supervisory
framework within the organisational structure approved by the competent
authority of a Department. |
|
Total Salary: |
The
monthly salary of an Executive Director/ CEO which comprises the Basic Salary
and the General Allowance. |
|
Aggregate Salary: |
The
Total Salary plus the Executive Management Allowance. |
This Law will apply to all civilian
Executive Directors/ CEOs working at Departments which are subject to the Law.
An
Executive Director/ CEO will be appointed pursuant to a resolution of the
Chairman of the Executive Council in accordance with the requirements and
standards approved by the Government in this respect.
a. An Executive Director/ CEO will be
appointed on the “Executive Director/ CEO Grade”.
b. A resolution issued by the Ruler in
this respect will determine the bands and assessment criteria of Executive
Director/ CEO posts, and the salaries, increments, allowances, and benefits of
those occupying such posts.
c. The band to which an Executive
Director/ CEO is entitled will be determined pursuant to a resolution of the
Chairman of the Executive Council upon the recommendation of the DGHR. Such
recommendation must be based on the outcomes of his post assessment performed
by the DGHR in accordance with the relevant approved assessment criteria.
d. No increment, allowance, or other
financial benefit will be disbursed to an Executive Director/ CEO other than
those stipulated in the resolution referred to in paragraph (b) of this
Article.
a. An Executive Director/ CEO will be entitled to a special monthly allowance (the “Executive Management Allowance”) whose amount and disbursement terms are determined pursuant to a resolution of the Ruler.
b. The Executive Management Allowance prescribed in paragraph (a) of this Article will be added to the Total Salary of the Executive Director/ CEO, and will be an integral part of the salary used for assessment of retirement contributions or of the end-of-service gratuity.
The Government
will be responsible for enrolling Executive
Directors/ CEOs holding the UAE nationality in the retirement scheme adopted by
the Government. The pensionable salary will be the Aggregate Salary of the Executive
Director/ CEO.
a.
The performance appraisal
for an Executive Director/ CEO will be conducted in accordance with a
performance management system developed for Executive Directors/ CEOs by the
DGHR and approved pursuant to a resolution issued by the Ruler in this respect.
b.
The DGHR will manage and follow up the
implementation of the performance management system referred to in paragraph
(a) of this Article.
Each Executive Director/ CEO will have an annual training and
development plan appropriate for the work and needs of his Department, and for
his annual performance outcomes. This plan will be prepared by the Human
Resources Directorate of his Department in coordination and consultation with
the DGHR.
a.
Without prejudice to his grade and financial benefits, an Executive
Director/ CEO may, upon the recommendations of the Directors General of the new
and former Departments, be transferred from one Department to another pursuant
to a resolution of the Chairman of the Executive Council.
b.
Without prejudice to his grade and financial benefits, an Executive
Director/ CEO may, pursuant to a resolution of the Director General, be
transferred from one post to another within his Department, provided that both
posts have similar grades.
a.
Upon the recommendation of the Director General, an Executive Director/
CEO may, pursuant to a resolution of the Chairman of the Executive Council, be seconded
to any other Department, any federal or local government entity, any Arab,
regional, or foreign government, authority, or organisation, or any company
owned in whole or in part by the Government, for an extendable period not
exceeding one (1) year. A seconded Executive Director/ CEO will receive his
Total Salary, leave, and other entitlements from the entity to which he is
seconded. Where an Executive Director/ CEO is seconded to a regional or international
entity outside of the UAE, he will receive the Total Salary from the
Government, in addition to any other payments or benefits received from the
entity to which he is seconded.
b.
The period of secondment will be deemed part of the actual service
period of an Executive Director/ CEO. During the secondment period, the
performance appraisal of the Executive Director/ CEO will be performed in
coordination with the entity to which he is seconded in accordance with the
performance management system adopted by the Government for Executive
Directors/ CEOs.
a.
Pursuant to a resolution of the Director General, an Executive Director/
CEO may, for a period not exceeding six (6) months extendable for another six
(6) months, be assigned the duties of another post which is vacant or whose incumbent
is absent, provided that the grade of this post is not lower than the Executive
Director/ CEO Grade.
b.
In addition to his original duties, an Executive Director/ CEO may not
be assigned the duties of more than one (1) post.
c.
An Executive Director/ CEO who is assigned the duties of another post in
addition to his original duties will be entitled to an assignment allowance
whose amount and disbursement rules are determined pursuant to a resolution of
the Ruler.
The service of an Executive Director/ CEO
will be terminated for any of the following reasons:
1.
a decree issued by the Ruler;
2.
reaching the retirement age;
3.
resignation;
4.
medical unfitness;
5.
professional incompetence;
6.
dismissal from service, retirement
pursuant to a disciplinary decision, or discharge from service by court
judgement;
7.
implementation of approved restructuring
plans;
8.
absence from work without an
acceptable reason for fifteen (15) consecutive days or for twenty-one (21) non-consecutive
days in a single year; or
9.
death.
a.
Upon termination of service, an Executive Director/ CEO must observe a
transition period in which he will transfer and hand over to the Executive
Director/ CEO who will replace him in his post all his duties and all the
files, documents, information, and anything else in his possession.
b.
The transition period referred to in the paragraph (a) of this Article
will be four (4) months, will be deemed part of the actual service period of
the Executive Director/ CEO, and will entitle him to all applicable financial
benefits prescribed by this Law and the resolutions issued in pursuance hereof.
c.
The transition period referred to in the paragraph (b) of this Article may
be reduced pursuant to a resolution of the Chairman of the Executive Council,
in which case the Executive Director/ CEO will be entitled only to salaries or
financial benefits for the actual transition period.
The service
of an Executive Director/ CEO who reaches the retirement age may be extended pursuant
to a resolution of the Chairman of the Executive Council.
a.
During his service period and thereafter, an Executive Director/ CEO
must maintain the confidentiality of information he has access to as part of
his job duties, and must not disclose to others any information that may
negatively affect the Department or the Government.
b.
An Executive Director/ CEO must not, in respect of any bid or tender
relating to his Department or to its affiliates, participate in making decisions
or in taking any action in favour of any commercial company or corporation
owned in whole or
in part by him, by his
spouse, or by any of his relatives up to the fourth degree, or those in which
he is a member of the board of directors.
c.
The intellectual property rights in works and work-related methodologies
developed by an Executive Director/ CEO during his employment with a Department
will vest
in the Government.
An
Executive Director/ CEO will not incur civil liability towards third parties
for any act or omission in the course of performing his job duties. Without
prejudice to a Department’s right to have recourse against him where an act or
omission is committed wilfully or as a result of gross fault, the Department
will be solely liable for such act or omission.
a.
Pursuant to a resolution of the Chairman of the Executive Council and
upon the recommendation of the DGHR, Executive Directors/ CEOs exercising their
duties by the effective date of this Law will be placed in the bands approved
by the resolutions issued in pursuance of this Law.
b.
The placement of Executive Directors/ CEOs in accordance with the
provisions of paragraph (a) of this Article must not prejudice their existing
rights, including maintaining the salaries and other financial benefits they used
to receive prior to commencement of this Law.
Where
this Law and the resolutions issued in pursuance hereof are silent, the Law
will apply to Executive
Directors/ CEOs to the extent that its provisions do not conflict with the job
duties of Executive Director/ CEO.
Any
provision in any other legislation
will be repealed to
the extent that it contradicts the provisions of this Law.
This
Law comes into force on 1 January 2015, and will be published in the Official
Gazette.
Mohammed bin Rashid Al Maktoum
Ruler
of Dubai
Issued in Dubai on 3 February 2015
Corresponding
to 14 Rabi al-Thani 1436 A.H.
©2015 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.