Law No. (8) of 2013
Concerning Human Resources
Management of
Directors
General in the
Government of Dubai[1]
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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;
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. (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;
Local Order of
2006 Concerning Directors General of Government of Dubai Entities;
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; and
Executive Council
Resolution No. (51) of 2007 Concerning Air Tickets and Travel Allowances for
Directors General, Executive Directors, Chief Executive Officers, and Persons
in Similar Positions on Overseas Official Assignments,
Do
hereby issue this Law.
This Law will be
cited as “Law No. (8) of 2013 Concerning Human Resource Management of Directors
General 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:
|
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. |
|
DGHR: |
The Dubai Government Human
Resources Department. |
|
Department: |
Any of the Government departments,
public agencies or corporations, authorities, or councils affiliated to the
Government; or any similar entity. |
|
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. |
|
Total Salary: |
The monthly salary, which
comprises the Basic Salary and the General Allowance. |
This Law applies to
the Directors General of all Departments to the extent stipulated herein.
A Director
General will be appointed, and his service will
be terminated,
pursuant to a decree of the Ruler.
a. A Director
General of any of the Departments listed in the Schedule attached to this Law
will be appointed to a pay grade known as the
“Director General Grade”. The Total Salaries, increments, allowances, bonuses,
and other employment benefits of
Directors General will be determined pursuant to a resolution of the Ruler.
b. The
salaries, increments, allowances, bonuses, and other employment
benefits
of the Directors General of the Departments that are not listed in the Schedule
attached to this Law will be determined in accordance with the legislation
applicable to these Departments and with the
employment contracts concluded with them.
c. After
the decree of the Ruler appointing a Director General is issued, his salary,
increments, allowances, and other employment benefits
will be determined pursuant to the employment
contract prepared by the DGHR and approved by the Chairman of the Executive
Council.
The Government
will be responsible for enrolling Directors General holding the UAE nationality
in the retirement scheme adopted by the General Pensions and Social Security
Authority. The Pensionable Salary will be
the Total Salary of the Director General.
a. The
performance appraisal for a Director General will be conducted in accordance
with a performance management system developed for Directors General 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.
A Director
General must adopt an annual plan to develop his
performance, and must prepare this plan in coordination
with the DGHR in line with the work
requirements of his Department and the outcomes of his performance appraisal.
Without prejudice
to his existing employment rights, including financial benefits, a Director
General may be transferred from his Department to another Department pursuant
to a decree of the Ruler.
A Director
General may, pursuant to a resolution of the Ruler, be assigned the duties of a
vacant post or a post whose incumbent is
absent in another Department.
a. Upon
termination of his service, a Director General must
observe a transition period in which he will transfer and hand over to the
Director General who will replace him in the post
all his duties and all files, documents, information, and other
things
in his possession.
b. The
transition period referred to in the paragraph (a) of this Article will be six
(6) months, will be deemed part of the actual service period of the Director
General, 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 Ruler. This resolution will determine
the financial benefits to which the Director General whose service
is
terminated is entitled.
a. During
his service period and thereafter, a Director General must maintain the
confidentiality of the 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. A
Director General must not, in respect of any bid relating to his Department or
to its affiliates, participate in making decisions related to 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 any commercial company or
corporation in which he is a member of the board of directors.
c.
The intellectual property rights in the
work,
work-related methodologies, and works
of authorship developed by a Director General during his employment
with a Department will vest in the Government.
A Director
General will not incur civil liability towards third parties for any act or
omission related to his employment functions or committed
in the course of performing his employment duties. Without prejudice to the
Government’s right to have recourse against the
person who commits such an act or omission wilfully or as a
result of gross fault, the Government will be solely liable for that act or
omission.
a. Save
with the permission of the Ruler or where a Director
General is caught in the act, the
Director General may not be summoned for
investigation, and no penal actions
may be taken against him, for committing any act or omission related
to his employment functions or duties, or for committing such an act or
omission in the course or as a result of performing these
functions or duties. In any event, the Attorney General must refer the matter
to the Ruler within forty-eight (48) hours from the time at which the relevant
act or omission is reported to the Public Prosecution. Law enforcement
entities must inform the Attorney General of the alleged act or omission of the
Director General within twenty-four (24) hours from the time at which it is
reported.
b. A
member of the Public Prosecution who investigates a Director General must hold
a grade not lower than 'advocate general'.
c. Where
the investigation requires the detention of the Director General, he must be
detained at a place separated from the
places designated to other detainees.
Where this Law,
the resolutions issued in pursuance hereof, the legislation applicable
to the
Government Entities that are not governed by the
above-mentioned No. (27) of 2006, and the contract
concluded with a Director General is silent, the provisions of the
above-mentioned Law No. (27) of 2006 and its amendments will
apply to the Director General to the extent
that their provisions do not conflict with the
job duties of the Director General.
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 July 2013, and will be published in the Official Gazette.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued
in Dubai on 3 October
2013
Corresponding
to 27 Thu al-Hijjah 1434 A.H.
|
SN |
Government Entity |
Designation |
|
1 |
The General Secretariat of the Executive Council |
Secretary General |
|
2 |
The Dubai Municipality |
Director General |
|
3 |
The Dubai Smart Government |
Director General |
|
4 |
The Land Department |
Director General |
|
5 |
The Protocol Department |
Director General |
|
6 |
The Department of Economic Development |
Director General |
|
7 |
The Dubai Customs Department |
Director General |
|
8 |
The Financial Audit Department |
Director General |
|
9 |
The Department of Tourism and Commerce Marketing |
Director General |
|
10 |
The Islamic Affairs and Charitable Activities
Department |
Director General |
|
11 |
The Government of Dubai Legal Affairs Department |
Director General |
|
12 |
The Department of Petroleum Affairs |
Director General |
|
13 |
The Department of Finance |
Director General |
|
15 |
The Dubai Government Human Resources Department |
Director General |
|
16 |
The Government of Dubai Media Office |
Director General |
|
17 |
Dubai Media Incorporated |
Chief Executive Officer |
|
18 |
The Community Development Authority in Dubai |
Director General |
|
19 |
The Dubai Culture and Arts Authority |
Director General |
|
20 |
The Dubai Civil Aviation Authority |
Director General |
|
21 |
The Dubai Health Authority |
Director General |
|
22 |
The Roads and Transport Authority |
Chairman of the Board of Directors and Executive
Director |
|
23 |
The Knowledge and Human Development Authority in
Dubai |
Chairman of the Board of Executive Directors and
Director General |
©2020 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.