Law No. (8) of 2018
Concerning
Management of the Government of Dubai Human
Resources[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;
Federal Law No. (6) of 2014 Concerning National Service
and Reserve Service;
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. (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;
Decree No. (14) of 2017 Concerning Maternity,
Delivery, and Childcare Leave for Female Employees of the Government of Dubai;
Executive Council Resolution No. (19) of 2012
Concerning the Methodology for Approving Organisational Structures of
Government Entities in the Emirate of Dubai and its amendments;
Executive Council Resolution No. (27) of 2013 Regulating
Part-time Employment in the Government of Dubai; and
Executive Council Resolution No. (41) of 2015
Concerning the Central Grievances Committee of Employees of the Government of
Dubai,
Do hereby issue this Law.
This Law will be cited as “Law No. (8) of 2018
Concerning Management of the Government of Dubai Human Resources”.
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. |
|
Department: |
Any of
the Government departments, public agencies and corporations, and councils
and authorities affiliated to the Government. |
|
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. |
|
DGHR: |
The
Dubai Government Human Resources Department. |
|
Human
Resources Directorate: |
The
organisational unit responsible for human resources within a Department. |
|
Employee: |
A male
or female person who occupies a budgeted post in a Department. |
|
UAE
National: |
Any
person holding the UAE nationality. |
|
UAE
National Employee's Family: |
A UAE National Employee's wife/ wives or husband and the
Employee's children who are aged less than twenty-one (21) Years. |
|
Non-UAE
National Employee’s Family: |
A
non-UAE National Employee's spouse, and three (3) of the Employee’s children who
are aged less than twenty-one (21) Years. |
|
Total
Salary: |
Monthly
salary, which comprises the Basic Salary and the General Allowance. |
|
Aggregate
Salary: |
Total
Salary plus any allowances or increments added thereto pursuant to this Law
and the legislation issued in pursuance hereof. |
|
Organisational
Structure: |
A
hierarchical arrangement outlining the administrative units that comprise a
Department, down to the level of divisions or a similar level, and the lines
of authority and responsibility of each unit. |
|
Functional
Structure: |
An arrangement
grouping positions with similar functions in the organisational units included in the
approved Organisational Structure of a Department, and determining the
duties, roles, and tasks within these units. |
|
Year: |
A year
measured based on the Gregorian calendar. |
|
Work-related
Offences Committee: |
A
committee formed in a Department to consider and decide on work-related the offences committed by its Employees. |
|
Grievances
and Complaints Committee: |
A
committee formed in a Department to consider and determine the grievances and complaints filed by its
Employees. |
|
Central
Grievances Committee: |
The
central committee formed by the Government to consider and determine the Grievances submitted to
it by the Employees of Departments, in accordance with the provisions of this Law and
the legislation in force in the Emirate. |
|
Medical
Committee: |
The
committee formed pursuant to a decision of the Director General of the Dubai
Health Authority. |
The provisions of this Law will apply to all UAE
National and non-UAE National civilian Employees who work in Departments.
In addition to its duties and powers under this
Law, the DGHR will:
1. ensure the proper implementation by Departments of
this Law and the human resources legislation, regulations, policies, and
manuals issued in pursuance hereof;
2. provide technical and legal advice and support to
Departments on all matters related to the implementation of this Law and the
legislation issued in pursuance hereof;
3. set the general frameworks aimed at achieving
Employee happiness;
4. set frameworks and applied models for human
resources governance, including those related to the audit and review of human
resources activities; and
5. publish human resources research and studies.
In addition to its functions under this Law and
the legislation issued in pursuance hereof, a Human Resources Directorate will:
1. implement the provisions of this Law and the human
resources legislation, resolutions, regulations, policies, and manuals issued
in pursuance hereof;
2. provide advice to the organisational units within
the Department on all technical matters related to human resources;
3. propose initiatives and programmes aimed at enhancing work environment; and
4. promote organisational culture among the
Department’s Employees; raise their happiness levels; inspire positivity;
motivate innovation; and foster teamwork.
Organisational units within a Department must
ensure proper implementation of the provisions of this Law, the legislation
issued in pursuance hereof, and the relevant human resources policies; and must consult with the
Human Resources Directorate in case of any doubt about the implementation hereof.
Chapter Two
Human Resources Planning
A Department will, in accordance with the relevant
adopted methodology, develop the Organisational Structure that serves its
functions and future plans. A Department’s Organisational Structure, and any
amendment thereto, will be approved pursuant to the relevant resolution of the Chairman of the
Executive Council.
a. A Department must effectively design its posts to
ensure focus on its key objectives and operations and to guarantee that all
duties and functions of the Department are covered, and that there is no
overlap between posts.
b. A Department will develop its Functional Structure
in line with its approved Organisational Structure, functions, and future
plans. The Department’s Functional Structure, and any
amendment thereto, will be approved pursuant to a
resolution of the Director General.
A Department must plan its future needs to ensure
availability of the human resources and competent professionals required to
implement its future plans and projects. This planning will be conducted in accordance with the relevant Government
manpower planning regulation approved by the Chairman of the Executive Council.
a. Based on the outcomes of its manpower planning, a
Department must draft its manpower budget as part of its annual budget. The
manpower budget must include the number of available posts and the job titles, grades, and financial appropriations of these
posts. The manpower budget may be implemented only after approval of the
Department’s annual budget by the competent entities in the Emirate.
b. A Director General may make any variations to the
approved annual manpower budget by adding and cancelling financial
appropriations, or reallocating financial appropriations between existing posts,
provided that these variations do not lead to exceeding the approved budget
ceiling.
a. All posts at a Department will be evaluated
through a system approved by the DGHR in order to benchmark Government posts.
This evaluation will form the basis on which grades of different posts are
determined according to the duties and responsibilities of each post and the
qualifications, experience, and skills required for holding this post.
b. The Human Resources Directorate in a Department
will, in consultation with the concerned organisational unit within the
Department, conduct an initial post evaluation. This evaluation will be finally approved by the DGHR.
c. A Department may not appoint an Employee to a post
that has not been evaluated and approved in accordance with the provision of
paragraph (b) of this Article. Incumbents of unevaluated posts will not be
entitled to any employment rights.
a. Based on work requirements and needs, the
following types of employment will be adopted to fill vacant posts in a
Department:
1.
full-time employment;
2.
Part-time employment; and
3.
temporary employment.
b. An Employee will be appointed pursuant to:
1.
a decision of the competent appointment authority
in case of full-time employment of a UAE National Employee; or an employment
contract in case of Part-time or temporary employment of a UAE National
Employee; or
2.
an employment contract signed by the relevant
appointment authority in case of appointment of a non-UAE National Employee.
c. Unless otherwise stipulated in the full-time/ Part-time employment contract, the contract will
be valid for a period of one (1) Year, automatically renewable for the same
period.
a. A Department may appoint any person on a Part-time
basis for a monthly lump sum Total Salary commensurate with the grade of the
post to which he is appointed.
b. The conditions and rules regulating Part-time
employment will be prescribed by a resolution of the Chairman of the Executive
Council.
a. A Department may fill a vacant post by appointing
an Employee on a temporary basis, in which case the
Employee will be paid a monthly lump sum remuneration. In determining the
amount of this remuneration, the financial appropriations of the post to which
the Employee is appointed; the provisions of this Law and the legislation
issued in pursuance hereof; and the number of hours he is required to work must
be taken into consideration.
b. In adopting temporary employment, the following rules must be observed:
1.
The term of the employment contract must be less
than one (1) Year. Where mandated by work requirements, the Department may conclude a new
contract with the same Employee only once.
2.
The Employee must meet all the full-time
employment requirements.
c. An Employee appointed pursuant to the provisions
of this Article will be entitled to compassionate leave, and sick leave of up
to five (5) working days based on a medical report from an officially
accredited medical entity. The Employee may be granted a one-day unpaid leave
for every month of the term of the employment contract.
d. A Director General may terminate the service of an
Employee appointed pursuant to the provisions of this Article, at any
time during the term of his contract, subject to serving a written notice on
the Employee at least ten (10) working days prior to the effective date of
termination.
e. An Employee appointed pursuant to the provisions
of this Article may resign during the term of his contract subject to serving a
written notice on the Department at least five (5) working days prior to the
effective date of resignation.
f. A Department may reappoint an Employee appointed
pursuant to the provisions of this Article to a permanent post commensurate
with his qualifications and experience, in which case the period of service of
the Employee with the Department will commence from the date of appointment to
the permanent post.
A retired military or civilian Employee may be
appointed in a Department in accordance with the legislation regulating
appointment of retirees at the Government.
Teleworking conditions and rules will be
prescribed by the relevant resolution of the Chairman of the Executive Council.
a. A Person with outstanding skills and expertise or
with a rare specialisation may be appointed under a special contract.
b. The conditions and rules of appointment under
special contracts will be prescribed by the relevant resolution of the Chairman of the
Executive Council. This resolution will also determine the entitlements and
benefits that may be awarded to Employees appointed under special contracts.
c. No Department may appoint any Employee under a
special contract before the issuance of the Executive Council resolution referred to in paragraph
(b) of this Article. Any contract concluded with an Employee contrary to the provisions of
this Article will be deemed void
and will not entitle him to any rights.
a. A Department must exert every effort to appoint
UAE Nationals with disabilities to posts that are suitable for their health
conditions, and must ensure that they are able to perform the
duties of these posts.
b. A Department that has Employees with disabilities
must provide a work environment that suits their special needs. This includes suitable
equipment, facilities, and working hours.
c. The working hours of an Employee with disability
will be reduced pursuant to a decision of the Medical Committee. However, his daily working hours must not be less than five (5).
d. Subject to submitting the relevant supporting
documents, an Employee with disability will be entitled to special leave with
Aggregate Salary for up to five (5) working days per Year for the maintenance
or replacement of his assistive devices.
To be appointed to a post in a Department, a
person must:
1. be of good character and repute;
2. not be less than eighteen (18) Years of age;
3. have the academic qualifications and work
experience required for holding the post;
4. successfully pass all tests and interviews that
are relevant to the post;
5. be medically fit;
6. not have been sentenced for a felony or any other
crime affecting honour or trustworthiness unless he has been pardoned by the
competent authority or legally rehabilitated;
7. where he is a non-UAE National Employee, not have
been dismissed from service in the past Year for work-related disciplinary
reasons or pursuant to a final court judgment for a crime not affecting honour
or trustworthiness; and
8. meet any other conditions prescribed by the
Department for holding the post.
a. A Department must make the selected candidate an
employment offer stating the employment rights and benefits, such as the designation; grade; Aggregate Salary details; annual leave and air
ticket entitlement; working days and hours; and required date of joining.
b. A
candidate who receives an employment offer from a Department must commence work
within the period stated in the offer. Unless otherwise agreed, this period may
not exceed sixty (60) days from the date of receiving the offer, otherwise the
offer will be deemed void.
c. Where the candidate fails to commence work within
the period specified in the employment offer signed by him, the Department may
have recourse against him for recovery of any costs or expenses it has incurred.
Appointment to vacant posts will be pursuant to a
resolution issued by the Director General upon the recommendation of the director
of the Human Resources Directorate.
a. A former Employee of a Department may be appointed
in another
Department, provided that he meets all the conditions and requirements, and successfully passes the tests, prescribed for holding the post.
b. A former Employee of a Department may be reappointed to a post in the same or lower grade in the same Department.
c. Notwithstanding the provisions of paragraph (b) of
this Article, a former Employee of a Department may be reappointed to a higher grade or with a higher salary in the same
Department,
provided that:
1. he
obtains additional qualifications
or experience that meet the work needs of the Department; and
2. at
least one (1) Year following the date of the end of his service lapses.
a. A new Employee will be entitled to the Total
Salary of the first point of the grade to which he is appointed. However, he may be awarded a salary higher than the Total
Salary of the first point of his grade if he has
qualifications and experience higher than those required for holding the post.
In this case, the percentage of the amount in excess of the Total Salary of the
first point of grade will be determined pursuant to the relevant resolutions of
the Chairman of the
Executive Council.
b. An Employee will be paid his Total Salary as from
the actual date of commencing work. The Employee may commence work only after
his appointment decision is rendered or an employment contract is concluded
with him by the competent appointment authority.
A Department will, at its own expense, complete
the procedures for issuing and renewing the residence permits, and for
conducting the medical fitness tests, of its non-UAE National Employees and their
eligible family members.
a. When appointed in a Department, a new Employee
will be on probation for a period of at least three (3) months from the actual date of commencing
work, extendable once for another three (3) months.
b. A former Employee reappointed to the same Department may be on
probation for the period stipulated in paragraph (a) of this
Article.
c. The immediate supervisor of a probationary Employee
must follow up the Employee's performance and conduct during the probation
period, direct him to improve his performance, and decide whether to confirm
the Employee in the post, extend his probation period, or terminate his service
if he is proven incompetent to perform the duties of the post to which he is
appointed.
d. Where an Employee fails probation due to
incompetence or inability to perform the duties of his post, or due to
unsatisfactory performance, his service will be terminated pursuant to a
decision of the Director General subject to serving a written notice on the Employee
at least five (5) working days prior to the effective date of termination. The
decision issued in this regard must be reasoned. If no termination of service decision is issued in accordance with the provisions of this Article and the
probation period is not extended upon its expiry, the Employee will be deemed confirmed
in the post.
e. An Employee has the right to resign during the
probation period subject to serving a written notice on the Department at least
five (5) working days prior to the effective date of resignation. Where an
Employee who has been recruited from outside of the UAE resigns during the
probation period, he must refund all recruitment expenses, including air ticket
fare, visa fees, residence permit fees, medical test fees, and temporary
accommodation costs, if any. However, the Director General may exempt
the Employee from any or all such expenses upon recommendation of the director
of the Human Resources Directorate if the
Employee provides valid reasons for the resignation.
f.
Where a probationary Employee is absent from work for
any reason, the probation period will be extended for the same number of days
of his absence.
g. An Employee may not be assigned the duties of
another post or seconded during his probation period.
Spouses, or relatives up to the second degree, may not hold posts
that are directly connected, report directly to one another, or work within the
same organisational unit. An Employee may not be involved in making any decisions relating to the appointment, transfer,
or promotion of his spouse or any of his relatives up to the fourth degree.
a.
An
Employee who completes one (1) Year of service with a Department will have
priority when filling any vacant post in a grade that is up to two (2) grades higher than his current grade,
whether he applies of his own accord, or is nominated by his immediate
supervisor, for the post. In this case, the Employee must undergo the same
selection process and meet the same requirements applicable to external
candidates.
b.
Where
the Employee is selected to fill a vacant post in accordance with paragraph (a)
of this Article, he will be transferred to that post and
the terms of his employment will be amended
accordingly.
Chapter Three
Official
Working Time
a. The official working days and hours of a
Department will be Sunday to Thursday from 7:30 to 14:30, totalling thirty-five
(35) hours per week. Fridays and Saturdays will be weekly rest days.
b. Where mandated by work requirements and needs, a
Department may, subject to the approval of its Director General, make
variations to the working days and hours of all or certain posts in the
Department. However, weekly working hours must not exceed forty-five (45).
c. During the holy month of Ramadan, official working
hours will be reduced to twenty-five (25) hours per week. Each Department will
make its own schedule and shift arrangements to serve its work requirements during this month.
d. Based on its work needs and requirements, a
Department may adopt a daily or weekly shift duty system. However, weekly
working hours may not exceed forty-eight (48).
e. A Department must announce to its clients, through
appropriate means, the official working hours adopted at its various
organisational units.
f. A Department must issue Employee attendance
regulations that meet its requirements and ensure the proper performance of its duties.
The DGHR will announce public holidays applicable
to Departments. The announcement must specify the dates and number of days of
each public holiday, taking into account the nature of work of key Departments
that are required to operate round the clock.
a. An Employee must comply with the official working
hours adopted by his Department and perform the duties assigned to him during
these hours.
b. An Employee must not leave his workplace or cease to perform his employment duties without
first obtaining the relevant approval of his immediate supervisor. Moreover, an
Employee must inform his immediate supervisor in case he is unable to report to work.
c. A Department must take the appropriate disciplinary
action against any Employee who fails to comply with the official working hours
without a reason acceptable to his immediate supervisor.
d. In case of absence of an Employee from work
without a prior permission or an acceptable reason, he will be subject to
disciplinary action.
e. In addition to imposing disciplinary action
pursuant to this Law and the legislation issued in pursuance hereof, where an
Employee fails to report to work without a prior permission or an acceptable
reason, he will
not be entitled to his Aggregate Salary for the days of his absence. These days will not be deemed part of the
Employee’s actual period
of service with the Department.
a.
Working overtime by an Employee will be
subject to the following:
1.
Overtime work must be assigned to the Employee in
writing by his immediate supervisor.
2.
Assigned overtime work must be performed outside
official working hours or on weekly rest days or public holidays.
3.
Overtime work must be assigned to the Employee
based on actual work needs.
4.
Financial appropriations in the Department's
budget must be available to cover the overtime
payment.
5.
The need for overtime work
must not have resulted from the Employee's negligence or omission.
6.
The period of overtime work assigned to the
Employee must not exceed three (3) months a Year.
b. Overtime pay per hour will be calculated at the
rate of one hundred and twenty-five percent (125%) of the hourly Basic Salary
if work is performed on weekdays, or one hundred and fifty percent (150%) of
the hourly Basic Salary if work is performed on weekly rest days or public
holidays. However, overtime pay for any month must not exceed fifty percent
(50%) of the monthly Basic Salary of the Employee.
c. An Employee working on shift duty will be entitled
to overtime pay for the extra hours worked before or after his shift.
d. In lieu of overtime pay, a Department may award an
Employee compensatory time off equal to one (1) working day, up to five (5) working
days per month, where the Employee works a number of overtime hours equal to
the number of his daily working hours. The Employee will have the right to take the
compensatory time off within one (1) Year from the date of entitlement. Compensatory
time off may not be credited to the accrued annual leave balance.
e. Overtime pay may not be awarded together with
compensatory time off during the same month, nor may it be awarded together
with any other bonuses or allowances awarded to the Employee for the same
reasons based on which overtime work is assigned to him.
f. No Employee will be entitled to overtime pay during
an Official Assignment or Training Assignment, whether the assignment falls on
official working days, weekly rest days, or public holidays.
g. The DGHR will issue a standard bylaw regulating
overtime work.
Chapter Four
Code of
Professional Conduct
The DGHR will issue a document stating the code of professional conduct and public
service ethics with a view to establishing the ethical standards, rules, and
principles that govern the ethics and values of public service; fostering a
highly professional culture among Employees of Departments; and strengthening
their commitment to these standards, rules, principles, and values.
a. During his service period and thereafter, an
Employee must maintain the confidentiality of the information he accesses in
his capacity as holder of his post, and must not disclose it to others, whether
such information is written or verbal and whether it relates to the work of the
Government, of his Department, or of any other Department, unless he obtains a
prior written permission from the Director General or is required to disclose that
information upon the request of a
judicial authority or any Government Entity authorised under
the relevant
legislation to access such information.
b. The information referred to in paragraph (a) of
this Article will include, without limitation, any messages; maps; reports;
drawings; proposals; specifications; models; licences; agreements; or other
data, applications, systems, or documents, regardless of their nature, that
belong to the Government, to the Employee’s Department, or to any other
Department.
c. Upon termination of his service with a Department,
an Employee must immediately return all documents, papers, files, material,
tapes, discs, programmes, or other property, whether or not containing
confidential information, which belong to the Government, to his Department, or
to any other Department.
d. For the purposes of this Article, an Employee must
sign the relevant confidentiality and non-disclosure undertaking adopted by his
Department.
a. Without prejudice to the legislation criminalising
bribery, no Employee may accept, solicit, or receive any amount of money, a
specific favour, or anything of either material or moral value with intent to
take illegal or inappropriate action or to give preferential treatment to any
client.
b. It is forbidden to accept any gift of material
value unless that gift is for advertising or promotional purposes and bears the
logo and name of the entity which presents it.
c. A Department will designate the organisational
unit that may accept or maintain gifts on its behalf. These gifts will be
distributed at the Department’s discretion.
d. Gifts may only be presented or distributed in the
name of the Department and by the party designated by it.
During his service with the Government, an
Employee is prohibited from engaging in political activism within or outside of
the UAE without first obtaining the written approval of his Department and the
competent authorities in the UAE.
While performing his duties, an Employee must
avoid any conflict of interest between his private activities and the interests
and operations of his Department or the Government. The Employee must avoid any
act that may raise any suspicions of conflict of interest, and must immediately disclose to the
Human Resources Directorate any actual or suspected conflict of interest. In
particular, the Employee must not:
1. participate in any operation, process, or decision
that may directly or indirectly influence the awarding of any contract to a contractor, a supplier, or
any project in which the Employee, his spouse, or any of his relatives up to the fourth degree has
an interest;
2. participate in any decision or process that may be of benefit to him, his spouse, or any of his
relatives up to the fourth degree;
3. misuse his post or disclose any information gained
in his capacity as holder of the post to achieve specific goals or to obtain
favours or special treatment; or
4. participate in any operation, process, or decision
with intent to prejudice or undermine the interests of any clients towards whom
he has feelings of hostility, hatred, racial prejudice, or grudge for any
reason whatsoever.
a. A non-UAE National Employee is prohibited from working
for a third party or providing any services on a paid or unpaid basis, or owning any sole proprietorship or shares and stocks in any company, with the exception of
public joint stocks companies, without first obtaining the written approval of
the Director General.
b. A UAE National Employee may own any sole
proprietorship, or shares and stocks in any company; manage any such company or
establishment; or work for a third party or provide any services on a paid or
unpaid basis.
c. In implementing the provisions of paragraphs (a)
and (b) of this Article, the following rules must be observed:
1.
The Employee’s private work must be performed
outside his official working hours.
2.
The Employee’s private work must not adversely
affect the performance of his employment duties or the interests of his
Department.
3.
The Employee’s private work must not be related in
any manner to his post and must not affect or be affected by it.
4.
The Employee’s private work must not conflict in
any manner whatsoever with the interests of his Department.
a. In implementation of its internal and external
communications policy, the Government will mainly rely on the principles of
responsibility, transparency, and partnership in order to ensure the provision
of the best services to clients.
b. A Department will follow the General Guide for
Government Communications approved by the General Secretariat of the Executive Council.
A Department will pay or reimburse to its Employee any fees or subscriptions paid for membership in any professional association or
for obtaining a professional licence if such membership or licence is a
prerequisite for performing his employment duties, in which case the Employee
must obtain the prior written approval of his Department before joining the
professional association, obtaining the processional licence, or paying the
fees or subscriptions.
Chapter
Five
Emiratisation
a. UAE Nationals, particularly those who have completed the National Service, will be given priority when filling vacant posts
in a Department. They will be appointed or transferred to these posts, provided
that they meet the relevant requirements. Where necessary, they may be provided
with additional training.
b. A Department is committed to improving and
developing the skills of its UAE National Employees and ensuring their professional career development.
a. A Department must prepare a plan for Emiratisation
and replacement of non-UAE National Employees and
develop programmes for qualifying UAE Nationals, in accordance with the
relevant policies adopted by the Executive Council.
b. A Department must present to the DGHR its plan for
Emiratisation and replacement of non-UAE National Employees for approval.
a. A Department may enter into contracts with UAE
National secondary school graduates to study in vocational or technical
disciplines or to obtain vocational training which is related to the functions
and nature of work of the Department. The contracts concluded with these
graduates, or with their legal representatives, will determine the rights and
obligations of parties, including the obligation that the graduates work for
the Department at least for a period equal to the period of their study or
training.
b. A Department will, within its approved budget, pay
a monthly lump sum remuneration to these students or trainees throughout the
period of study or training. This remuneration will be deemed a grant and may
not be deducted from their Total Salaries or benefits upon their appointment in
the Department.
c. Where a student or trainee fails to work for the
Department that sponsored his study or training, or fails to obtain the
required academic qualification without a valid reason acceptable to the
Department, he must repay all expenses and amounts incurred by the Department
for his study or training, except for the grant referred to in paragraph (b) of
this Article.
d. The Department will issue a bylaw regulating the
sponsorship of UAE National secondary school graduates.
A Department may recruit UAE National fresh
graduates specialised in all disciplines in order to train them and develop their professional skills and competencies.
These fresh graduates will be recruited in return for a monthly lump sum remuneration.
The provisions related to training fresh graduates will be prescribed pursuant
to the relevant bylaw approved by the Director General.
A Department may admit interns from amongst UAE National
students enrolled in educational institutions accredited within or outside of
the UAE to enable them to fulfil the requirements for obtaining academic
qualifications. The Human Resources Directorate at the Department must take the necessary actions to ensure that internship programmes are actually
conducted.
a. A Department must seek to achieve its goals while
targeting optimal productivity and cost-efficiency. In order to achieve this,
the employment incentives and benefits stipulated in this Law and the
legislation issued in pursuance hereof must be awarded in a manner that ensures
the highest efficiency and performance of the Government.
b. A Department may
not disburse any
increment, allowance, or other employment benefit other than those stipulated
in this Law and the legislation issued in pursuance hereof. Where any such
increment, allowance, or benefit is disbursed to an Employee, it will not
constitute an acquired right and must be recovered by the Department.
The grades, salaries, allowances, and financial
appropriations of Employees will be determined by the relevant resolutions of
the Chairman of the Executive Council.
The Chairman of the Executive Council will,
pursuant to a resolution he issues in this respect and upon the recommendation
of the DGHR, determine the minimum Total Salary of UAE National Employees.
A UAE National Employee will be entitled to a
social allowance in the amount determined pursuant to the relevant resolutions
of the Chairman of the Executive Council. The social allowance will be added to
the monthly Total Salary and will be subject to the Total Salary breakdown prescribed
by these resolutions.
a. UAE National Employees will be enrolled in the Pension
scheme of the General Pensions and Social Security Authority in accordance with
the legislation in force.
b. The contributions deducted from the monthly Total
Salary of a UAE National Employee and the contributions paid on his behalf by
the Department will be determined in accordance with the relevant legislation
in force.
An Employee will be entitled to an air ticket
allowance in the amount determined by the relevant resolutions of the Chairman
of the Executive Council.
An Employee recruited from outside of the UAE will
be entitled to:
1. upon commencing the appointment process, an air
ticket to the Emirate from the nearest international airport to his permanent
place of residence; and
2. upon the end of his service, a repatriation air
ticket to the nearest international airport to his permanent place of residence
as stated in the employment contract, provided that he departs the UAE within
three (3) months from the date of end of his service.
A non-UAE National Employee will not be entitled
to the joining or repatriation air tickets referred to in Article (51) of this
Law in any of the following cases:
1.
where he
is recruited from within the UAE, except in cases where the Employee is brought
in on a visit visa by the Department as part of the selection and recruitment
process;
2.
where he
remains in the UAE for a period exceeding three (3) months after the date of
end of his service; or
3.
where
his service is terminated pursuant to a disciplinary decision or a court
judgment, or due to absence from work.
Where an Employee is recruited from outside of the
UAE, his Department may disburse to him an advance payment of not more than
one-month Total Salary to facilitate his settlement in the UAE. This advance
payment will be repaid over three (3) monthly instalments.
A Department must deduct from the Employee's
monthly Aggregate Salary any amount owed to the Department by the Employee,
including, without
limitation, any Aggregate Salary overpayment or any increments, allowances,
benefits, or salary increases awarded in contravention of this Law and the
legislation issued in pursuance hereof. In this case, the deduction may not
exceed twenty-five percent (25%) of the monthly Aggregate Salary.
Performance
and Bonuses
With a view to promoting individual achievements
and teamwork spirit and providing a basis for rewarding achievements and
accomplishing desired results, a Department must implement the performance
management system approved by the Chairman of the Executive Council to measure
its Employees’ performance based on the Department’s strategic objectives and
to measure the performance of its organisational units.
a. A Department will issue a regulation governing the
awarding of cash and non-cash incentives to its Employees.
b. The regulation referred to in paragraph (a) of
this Article will determine the cases, requirements, and rules of awarding
incentives, taking into consideration that:
1. incentives must be awarded in recognition of an
Employee’s outstanding achievements, creativity, innovation, or proposals; or
for any other reason the Department deems appropriate;
2. financial appropriations must be available to
cover the disbursement of incentives;
3. the amount of a cash incentive may not exceed the
Employee's Basic Salary;
4. the amount of a cash incentive must be
commensurate with the Employee’s achievement or proposal; and
5. incentives may not be awarded to the Employee more
than once for the same achievement or proposal.
An Employee will be entitled to a periodic
increment, which will be added to his Total Salary. The amount, entitlement
requirements, and disbursement dates of this increment will be determined
pursuant to a resolution issued by the Chairman of the Executive Council on an
annual basis.
a. Promotion is a tool for Employee career
development and advancement, and will in no way be deemed as a binding
obligation on a Department.
b. Promotion will be the first option when filling a
vacant or newly introduced post in a Department. Where Department Employees do
not have the qualifications, experience, or competencies required to fill such
a post, the Department will resort to external recruitment sources.
c. Promotion will be awarded to the Employee who
obtains at least a “Meets Expectations” performance rating.
d. In accordance with the relevant resolutions of the
Chairman of the Executive Council, a promoted Employee will be awarded the Total
Salary of the first point of the new grade or an increase of the Total Salary
awarded prior to the promotion, whichever is higher.
e. For the purposes of promotion, seniority will be
considered only if the performance ratings of more than one (1) Employee are
identical.
f. A promotion resolution will be issued by the
Director General.
g. Promotion may not be awarded retroactively, and no
more than one (1) promotion may be awarded within a period of twelve (12)
months.
a. An Employee will be promoted to a higher grade as
follows:
1. promotion to a vacant or newly introduced post
which is one (1) grade higher than his post; or
2. promotion through re-evaluation of his current
post due to redistribution of duties and responsibilities.
b. Notwithstanding the provisions of paragraph (a) of
this Article, an Employee may be exceptionally promoted up to two (2) grades
higher. An Employee may be exceptionally promoted only after the lapse of at
least four (4) Years from the previous exceptional promotion.
a. An Employee will be promoted by being awarded a
Total Salary upgrade. The amount of this upgrade will be determined in
accordance with the relevant resolutions of the Chairman of the Executive
Council. The new Total Salary of the promoted Employee must not exceed the
salary of the highest point of his grade, and the duties of his post or his
grade may not be changed.
b. The financial promotion awarded in accordance with
this Article will be as follows:
1. Ordinary
Salary Upgrade
To be awarded an ordinary salary upgrade, an
Employee's performance rating for the preceding Year must not be less than
“Meets Expectations”, and at least one (1) Year must have lapsed since the date
of the last ordinary salary upgrade received by the Employee.
2.
Special Salary Upgrade
To be awarded a special salary upgrade, an
Employee’s performance rating for the preceding Year must not be less than
"Exceeds Expectations”, and at least two (2) Years must have lapsed since
the date of the last special salary upgrade received by the Employee.
Chapter Nine
Learning,
Development, and Scholarships
a. A Department is committed to the continued
education and development of its Employees through the provision of training
and knowledge resources, and through the improvement of their technical
competencies and professional conduct.
b. The provisions governing learning and development
will be determined pursuant to the relevant resolution issued by the Chairman
of the Executive Council.
a. Pursuant to a resolution of the Director General,
an Employee may be sent on a scholarship within or outside of the UAE whether
at the expense of his Department or any other entity.
b. To be sent on a scholarship, the following
conditions must be met:
1.
The Employee must
be a UAE National.
2.
The Employee’s service with his Department must
not be less than two (2) Years.
3.
The Employee must have obtained at least an
“Exceeds Expectations” rating in the last performance appraisal.
4.
The academic qualification to be obtained must be
commensurate with the Employee’s post or career path, and with the nature of
the Department’s work.
5.
The Employee must not have been sent previously on
a scholarship, unless the academic qualification to be obtained is higher than,
and in the same discipline of, the previously-obtained qualification.
c. The Director General may exempt an Employee from
compliance with the condition stipulated in paragraph (b)(2) of this Article
where the Employee is sent on a scholarship to study in an important or rare
specialisation that serves the Department’s needs and requirements.
a. A Department must transfer a UAE National Employee
who obtains an academic qualification through a scholarship to a post
commensurate with his new academic qualification, provided that the grade and
salary of the new post are not lower than those of the post he has held prior
to obtaining the new qualification.
b. A Department may modify the salary of an Employee
or transfer him to a new post where he obtains a higher academic degree,
provided that the study programme is approved in advance by the Director
General and that the relevant financial appropriations and vacancy are
available.
a. An Employee who studies at the expense of a
Department on a full-time basis must work for that Department at least for a
period equal to the period of the approved study programme, failing which he
must repay all the expenses incurred by the Department throughout the period of
study, including the monthly Aggregate Salaries he has received.
b. An Employee who is sent on a full-time scholarship
upon being awarded a scholarship or study grant by a third party must work for
his Department at least for the same period of the scholarship or study grant,
failing which he must repay the monthly Aggregate Salaries he has received.
c. An Employee who studies on a part-time basis, at
the expense of his Department, must work for that Department at least for half
the period of the approved study programme, failing which he must repay all the
expenses incurred by the Department throughout the period of study.
d. Where an Employee fails to complete the period of
service prescribed under paragraph (a) of this Article, he must repay all the
expenses and monthly Aggregate Salaries paid to him for the period of service
that remains uncompleted on the date of leaving the service of the Department.
e. Where an Employee fails to complete the period of
service prescribed under paragraph (b) of this Article, he must repay the
monthly Aggregate Salaries paid to him for the period of service that remains
uncompleted on the date of leaving the service of the Department.
f. Where an Employee fails to complete the period of
service prescribed under paragraph (c) of this Article, he must repay all the expenses
incurred by the Department for the period of service that remains uncompleted
on the date of leaving the service of the Department.
g. Where an Employee studies at the expense of his
Department, the Department may deduct any study-related amounts that are paid
to the Employee by any other entity.
a. An Employee’s scholarship will be terminated
pursuant to a resolution of the Director General upon recommendation of the
organisational unit responsible for scholarships at the Department in any of
the following cases:
1. failure
to join, or absence from, the study programme for one
(1) month without a prior permission or acceptable reason;
2.
failure for two (2) consecutive academic years in
case of academic year system, or failure to obtain the minimum credit hours
required for successful completion of the study programme in three (3)
consecutive semesters or four (4) non-consecutive semesters in case of credit hour
system;
3.
changing the academic specialisation, the academic
institution in which the Employee is enrolled, or the approved country of study
without first obtaining the approval of the Department;
4.
receiving a scholarship from any other entity
within or outside of the UAE without first obtaining the approval of the
Department; or
5.
committing any disgraceful act or conduct,
committing an act that may prejudice the reputation of the UAE, or conducting
an activity which may constitute violation of the laws and regulations in force
in the country of study or in the educational institution; or engaging in
political activism, while on scholarship.
b. Where the scholarship is terminated in any of the
cases mentioned in the paragraph (a) of this Article, the Employee must repay
all fees and expenses incurred by his Department throughout the period of
study, excluding his monthly Total Salaries.
Chapter Ten
Travel on
Official Assignments
Pursuant to a resolution of the Director General,
an Employee will be sent on an Official Assignment inside or outside of the UAE
to perform any official duties on behalf of the Department or the Government.
This resolution will determine the nature, objectives, duration, and
destination of the Official Assignment.
a. A Department will be responsible for booking and obtaining
air tickets for an Employee who is sent on an Official Assignment outside of
the UAE as follows:
1. Grade 14 and
above: Business class.
2. Grade 13 and below: Economy class.
b. An Employee sent on an Official Assignment outside
of the UAE will travel on the travel class referred to in paragraph (a) of this
Article even if the other Employees or members of the work team with whom he
travels are entitled to a higher travel class. However, the head of a delegation
will travel on business class.
c. Where a female UAE National Employee is sent on an
Official Assignment outside of the UAE, the Department will be responsible for
booking and obtaining one (1) air ticket, in the same travel class of the
Employee, for one (1) person to accompany her during travel on the assignment.
The allowances payable to Employees sent on
Official Assignments within or outside of the UAE will be determined pursuant
to the relevant resolutions of the Chairman of the Executive Council.
a. An Employee who is sent on an Official Assignment
outside of the UAE must take leave from, and report back to, work on the dates
specified in his assignment decision. In specifying the period of the Official
Assignment, available flight timings and Official Assignment agenda must be
taken into consideration.
b. The Director General may extend the period
specified in the assignment decision in emergency situations that are beyond
the control of the Employee who is on an Official Assignment. In this case, the
period of extension must be commensurate with the emergency situation.
c. An Employee sent on an Official Assignment will be
entitled to an allowance, which will be calculated based on the period of the Official
Assignment determined in accordance with the provisions of paragraphs (a) and
(b) of this Article.
A Department will bear the expenses and costs of
hospitality and official events held by heads of delegations during Official
Assignments, with the exception of costs of alcoholic beverages or entry to
entertainment clubs, and similar costs.
a. An Employee may, subject to the approval of his
immediate supervisor, combine his annual leave with an Official Assignment
within or outside of the UAE.
b. A Department will not bear the costs of the
accommodation or air tickets of an Employee who is sent on an Official
Assignment where they are paid by any other entity. The Employee must inform
his Department where such costs are paid by that other entity.
c. A Department will be responsible for obtaining the
required visas for its Employees from the concerned authorities. However, the
Department may not be held responsible if the issuance of a visa is delayed or
rejected by these authorities. The Employee will be responsible for ensuring
that his passport and all other official documents required for visa issuance
are authentic and valid at all times.
Chapter
Eleven
Leave
The types of leave that may be granted to
Employees in accordance with this Law will be as follows:
1. annual leave;
2. sick leave;
3. maternity, delivery, and childcare leave;
4. paternity leave;
5. compassionate leave;
6. Idda leave;
7. Hajj leave;
8. event participation leave;
9. patient escort leave;
10. spouse escort leave;
11. study leave;
12. unpaid leave; and
13. National Service and Reserve Service leave.
An Employee appointed on a permanent post will be
entitled to annual leave with Aggregate Salary as follows:
a. Grade
12 and above: Thirty (30)
working days per Year.
b. Grade 4 to 11: Twenty-five (25) working days per
Year.
c. Grade 3 and below: Eighteen (18) working days per
Year.
a. A Department must encourage its Employees to
utilise their annual leave balance within the same Year. Where an Employee is
unable to utilise his leave balance in full due to essential work requirements,
he must utilise at least one half of that annual leave balance.
b. Subject to the approval of his immediate
supervisor, an Employee may utilise his annual leave balance on one (1) or more
occasions. The Employee may also combine annual leave with any other leave to
which he is entitled as per the conditions stipulated in this Law and the
legislation issued in pursuance hereof.
c. Any period of sickness occurring during annual
leave will be deemed part of the annual leave.
d. During the first Year of service, and upon
successful completion of the probation period, an Employee will be entitled to
utilise his annual leave balance.
e. Subject to the approval of the immediate
supervisor and as permitted by work requirements, an Employee who completes at
least one (1) Year of service with his Department may utilise his annual leave
balance in addition to a leave advance of up to ten (10) days from the leave
balance of the following Year.
a. A Department will regulate annual leave of its
Employees to ensure a proper and uninterrupted workflow.
b. An application for annual leave will be submitted
by the Employee in accordance with the regulations adopted by the Department.
The Employee's immediate supervisor must respond to the leave application no
later than ten (10) working days from the date of its submission, failing which
the application will be deemed accepted.
At the request of an Employee, a Department may
disburse to the Employee the Aggregate Salary of the approved annual leave up
to one (1) month prior to taking the leave.
No Employee may be granted annual leave or paid
advance salary for the period of annual leave unless he successfully completes
the probation period. The Employee's annual leave entitlement will continue to
accrue during the probation period.
a. In order to strike a balance between work and
private life, Employees must utilise their annual leave balance during the Year
in respect of which leave entitlement accrues.
b. Employees may not carry forward more than one half
of the annual leave balance to the following Year.
c. Notwithstanding the provisions of paragraph (b) of
this Article, the Director General may allow any Employee to carry forward more
than one half of his annual leave balance to the following Year if work
requirements prevent the Employee from utilising his annual leave balance in the
current Year.
d. An Employee will retain his annual leave balance
that has accrued prior to the effective date of this Law, and will have the
right to utilise such balance throughout his period of service.
a. In special cases mandated by work requirements,
the Director General may recall an Employee from his approved annual leave
before its expiry. Unutilised leave days will be credited back to the
Employee’s annual leave balance.
b. In special cases approved by the immediate
supervisor, an Employee may, after starting annual leave, request to cancel or
discontinue the leave and return to work, in which case the unutilised leave days
will be credited back to his leave balance.
a. An Employee may be granted sick leave of up to
five (5) consecutive working days at a time and up to fifteen (15)
non-consecutive working days per Year pursuant to a medical report issued by an
officially-accredited medical entity. Any sick leave in excess of that period
must be approved pursuant to a medical report issued by the Medical Committee.
b. Where the period of sickness of an Employee
exceeds the periods referred to in paragraph (a) of this Article, the Medical
Committee will, upon verifying the Employee's health condition, approve
granting him an extension for the period it deems necessary based on his health
condition, provided that the total number of sick leave days does not exceed
one (1) Year for a UAE National Employee and three (3) months for a non-UAE
National Employee.
c. The Medical Committee will, upon the expiry of the
Employee’s sick leave approved pursuant to the provisions of paragraph (b) of
this Article, review the health condition of the Employee. Based on the outcome
of this review, the following will apply:
1.
Where the medical fitness of a non-UAE National
Employee is established, he will be reinstated to his post, and where he is proven to be medically unfit, the
Medical Committee will recommend termination of his service in accordance with
the procedures stipulated in this Law and the legislation issued in pursuance
hereof.
2.
Where the medical fitness of a UAE National
Employee is established, he will be reinstated to his post or his transfer to
another post that is suitable for his health condition will be recommended.
Where his need for sick leave extension and the prospect of his recovery are verified,
he may be granted a sick leave extension. In this case, the total period of the
sick leave may not exceed one (1) Year. Where a UAE National Employee is proven
to be medically unfit, the Medical Committee will recommend termination of his
service on grounds of medical unfitness and his retirement in accordance with
the relevant legislation in force.
d. A non-UAE National Employee will be entitled to
his Aggregate Salary for the first month, and to his Basic Salary for the
following two (2) months, of his sick leave unless that leave is due to Occupational
Injury or Occupation Disease, in which case he will continue to receive the
salary determined by the relevant legislation in force.
e. A UAE National Employee will be entitled to his Aggregate
Salary for the first Year, and to his Total Salary for the second Year, of his
sick leave unless that leave is due to Occupational Injury or Occupational
Disease, in which case he will continue to receive the salary determined by the
relevant legislation in force.
f. In any event, an Employee or his representative
must officially notify his Department of the sick leave within five (5) working
days from the date on which the leave is granted.
g. An Employee’s working hours will be reduced for health-related
reasons upon the recommendation of the Medical Committee. However, his daily working hours must not be less than five (5). In this case, the
Medical Committee will review the health condition of the Employee every three
(3) months and prepare a detailed medical report on his health condition.
In case of recurrence of sick leave, the Director
General may refer the Employee to the Medical Committee for medical examination
and preparation of a detailed report on his health condition.
a. Where an employee contracts a contagious disease,
even if the Employee is not precluded by this disease from performing work
duties, the Medical Committee must grant him sick leave until his full recovery
is confirmed by a report issued by the Medical Committee. The Medical Committee
must notify the Employee’s Department that he may not be allowed to report to
work throughout this period. In this case, the Employee will be paid his
Aggregate Salary for the period of the sick leave.
b. The Department may assign the Employee who is
granted sick leave pursuant to the provisions of paragraph (a) of this Article
to perform the duties of his post through
telework where his health condition and the nature of his work so permit. In
this case, the Employee will be paid his Aggregate Salary throughout the period
of telework.
Maternity, delivery, and childcare leave will be
regulated pursuant to the provisions of the above-mentioned Decree No. (14) of
2017 or any superseding legislation.
A male Employee to whom an infant is born will be granted
paternity leave of three (3) working days with Aggregate Salary within one (1) month
from the infant’s birth.
a. An Employee will be granted compassionate leave of
five (5) working days with Aggregate Salary in case of death of any of his
first-degree or second-degree relatives.
b. A male Employee will be granted compassionate
leave of ten (10) working days with Aggregate Salary in case of death of his
wife. A non-Muslim female Employee will also be granted compassionate leave of
ten (10) working days with Aggregate Salary in case of death of her husband.
c. Compassionate leave may be combined with annual
leave. If the compassionate leave occurs during annual leave, the compassionate
leave days will be credited back to the Employee’s annual leave balance.
However, compassionate leave may not be granted during any other type of leave.
a. In the event of death of her husband, a Muslim
female Employee will be granted Idda leave with Aggregate Salary for
four (4) months and ten (10) days from the date of the husband's death, or
until she delivers her infant if she is pregnant.
b. Idda Leave may be combined with annual leave. If Idda leave occurs
during annual leave, the Idda leave days will be credited back to the
Employee’s annual leave balance.
A Muslim Employee will be granted, once during
service with the Government, leave with Aggregate Salary for fifteen (15) working
days to perform Hajj. The Employee may combine Hajj leave with
his annual leave.
a. A Director General may grant an Employee leave
with Aggregate Salary for up to two (2) months at a time for each participation
in an event involving a national team; a competition; a sports activity; or a
social, cultural, or volunteer programme, or participation in any other
activity which is not related to the work of the Department but requires the
participation of the Employee. This leave will be granted upon a written
request by the entities concerned with these activities in the UAE.
b. Notwithstanding the provisions of paragraph (a) of
this Article, the Director General may, upon the request of the concerned
entity and based on valid grounds, extend the event participation leave once
for a period not exceeding one (1) month.
a. The Director General may grant an Employee up to three
(3) months’ leave with Aggregate Salary to accompany his spouse, or relative up
to the second degree, for medical treatment outside of the UAE where such
treatment is not available in the UAE. In special cases, this leave may be
granted to accompany a third-degree blood relative. Where necessary, the
Director General may extend such leave with Basic Salary. In any event, this
leave will be granted or extended based on a medical report issued by an officially
accredited medical entity.
b. A Director General may grant an Employee up to two
(2) months’ leave with Aggregate Salary to accompany his spouse, or relative up
to the second degree, who receives medical treatment in the UAE. Where
necessary, the Director General may extend such leave with Basic Salary. In any
event, this leave will be granted or extended based on a medical report issued
by an officially accredited medical entity.
a. Pursuant to a resolution of the Director General,
a UAE National Employee may be granted unpaid leave to accompany his spouse who
is sent outside of the UAE on an Official Assignment, scholarship, study leave;
who is transferred or seconded to, or assigned the duties of a post, outside of
the UAE; or who joins any international or regional organisation or agency. This
leave must not exceed the prescribed period of the scholarship, study leave, or
work outside of the UAE.
b. Throughout the period of the leave stated in
paragraph (a) of this Article, the Department may fill the vacant post of the
Employee who is granted the approved leave. Upon expiry of the leave and return
of the Employee to the UAE, the Department must reinstate him to his original
post or transfer him to a new post in an equivalent grade.
c. Subject to the provisions of the above-mentioned
Federal Law No. (7) of 1999, the period of the leave stated in paragraph (a) of
this Article will be deemed part of the Employee’s actual period of service.
The Employee's entitlement to annual leave and air ticket allowance will cease
to accrue during this leave.
A Director General may issue a resolution granting
a UAE National Employee full-time or Part-time study leave within or outside of
the UAE to obtain an academic qualification. This leave will be for a period
equal to that of the approved study programme.
a. To be eligible for study leave, the following
conditions must be met:
1. The
Employee must be a UAE National.
2. The
Employee’s service with his Department must not be less than two (2) Years.
3. The
Employee must have obtained at least an “Exceeds Expectations” rating in the
last performance appraisal.
4. The
academic qualification to be obtained must be commensurate with the Employee's
post or career path, and with the Department’s needs and nature of work.
5. The
Employee must not have been previously granted a study leave, unless the
academic qualification to be obtained is higher than, and in the same
discipline of, the previously-obtained qualification.
b. Notwithstanding the provisions of paragraph (a) of
this Article, where an Employee studies in an important or rare specialisation
that serves the Department’s needs and requirements, the Director General may:
1. exempt
the Employee to be granted full-time study leave from compliance with the
condition stipulated in paragraph (a)(2) of this Article; and
2.
exempt the Employee to be granted Part-time study
leave from compliance with the conditions stipulated in paragraphs (a)(1),
(a)(2), and (a)(3) of this Article.
a. Full-time study leave with Aggregate Salary will
be granted pursuant to a resolution of a Director General. The study leave will
be for the same period prescribed to obtain the approved academic qualification
in addition to the period required to complete any relevant tests or
preliminary studies. However, the study leave period may not exceed one (1)
Year. Where the Employee’s progress reports confirm the need for extension of
the study leave, the leave may be extended pursuant to a resolution of the
Director General.
b. Full-time study leave will be deemed part of the
Employee’s actual period of service. However, the Employee's entitlement to
annual leave and air ticket allowance will cease to accrue during this leave.
A UAE National Employee who is enrolled in a
distance-learning programme within or outside of the UAE, or who is enrolled in
regular evening classes at an educational institution accredited in the UAE,
may be granted the following:
1. leave with Aggregate Salary, to take examinations,
for the period stated in the approved examination schedule;
2. additional leave with Aggregate Salary for up to
five (5) working days per semester, to be taken prior to the first examination
date, where examinations are held within the UAE; or for up to ten (10) working
days prior to the first examination date where examinations are held outside of
the UAE;
3. a short study break of up to two (2) hours per day
to attend classes throughout the period of the approved study programme; and
4. leave with Aggregate Salary to prepare a
graduation research paper, project, or thesis in accordance with the
requirements adopted by the educational institution. The period of this leave
will be up to five (5) working days where the study is within the UAE, and up to
ten (10) working days where the study is outside of the UAE.
An Employee’s full-time/ part-time study leave
will be terminated pursuant to a resolution of the Director General upon
recommendation of the organisational unit responsible for study leave at the
Department in any of the following cases:
1. failure to join, or absence from, the study
programme for one (1) month without a prior permission or acceptable reason;
2. failure for two (2) consecutive academic years in
case of academic year system, or failure to obtain the minimum credit hours
required for successful completion of the study programme in three (3)
consecutive semesters or four (4) non-consecutive semesters in case of credit
hour system;
3. changing the academic specialisation of the study
in respect of which leave is granted, the educational institution in which the
Employee is enrolled, or the approved country of study, without first obtaining
the approval of the Department;
4. receiving a scholarship from any other entity
within or outside of the UAE without first obtaining the approval of the
Department; or
5. committing any disgraceful act or conduct,
committing an act that may prejudice the reputation of the UAE, or conducting
an activity which may constitute violation of the laws and regulations in force
in the UAE, in the educational institution, or in the country of study.
a. Pursuant to a resolution of the Director General,
an Employee may be granted unpaid leave of up to sixty (60) days, provided that
the Employee has valid reasons to obtain this leave and that he fully utilises
his annual leave balance.
b. Unpaid leave will not be deemed part of the actual
period of service of the Employee, and his entitlement to annual leave and air
ticket allowance will cease to accrue during this leave.
Leave will be granted to a UAE National Employee
to complete the National Service or Reserve Service. An Employee on National
Service or Reserve Service leave will be entitled to Aggregate Salary in
addition to any other applicable increments or allowances. The National Service
or Reserve Service leave period will be deemed part of the Employee’s actual
service period, and his entitlement to annual leave and air ticket allowance
will continue to accrue during this leave.
a. During the probation period, an Employee will not
be entitled to any paid leave except for compassionate leave; sick leave;
maternity, delivery, and childcare leave; or Idda leave (for female
Muslim Employees). Where the Employee takes any such leave, his probation
period must be extended for the number of days of the leave.
b. Where an Employee joins National Service or
Reserve Service during the probation period, he will complete the remaining
part of his probation period after completing the National Service or Reserve
Service.
c. In case of resignation or termination of service
of an Employee for any reason during the probation period, he will not be
entitled to any annual leave for the period of his service with the Department.
d. An Employee must report to work upon expiry of his
leave. Where he fails to do so without a prior permission or an acceptable
reason, disciplinary action will be taken against him pursuant to this Law, and
he will not be entitled to his Aggregate Salary for the days of his absence
from work. These days will not be deemed part of the Employee’s actual service
with the Department.
e. Official mourning periods occurring during any
leave will not be credited back to the Employee’s leave balance.
Chapter
Twelve
Transfer,
Assignment, and Secondment
An Employee may be transferred to another post
within or outside of his Department subject to the following:
1. Transfer
must be for the purpose of achieving the public interest.
2. Transfer
must not prejudice the Employee’s existing rights.
3. The
Employee must be transferred to an approved vacant post that is included in the
Functional Structure.
The Director General may transfer an Employee
between posts or organisational units within his Department, provided that the
Employee's competencies, qualifications, and experience are commensurate with
the new post.
a. Under ordinary circumstances, an Employee may be
transferred to another Department or any Government entity within the Emirate
subject to the approval of the Employee, his Department and the Department to
which he will be transferred. In any event, the Employee's prior written
consent to the transfer must be obtained.
b. Under exceptional circumstances, an Employee may
be transferred to another Department or any other Government Entity within the
Emirate without his prior consent, provided that internal transfer within his
Department is not possible. This includes, but is not limited to, the transfer
of the Employee:
1. pursuant
to a resolution of the
Ruler or the Chairman of the Executive Council;
2.
in case of restructuring his Department or its
organisational units;
3.
in case of establishing a new Government Entity; or
4.
where the functions of the Employee’s
organisational unit are transferred to another Department.
c. The transfer of an Employee in the cases
stipulated in paragraph (b) of this Article must be in accordance with the
relevant restructuring and human resources redistribution plans prepared by the
Department in coordination with the DGHR.
d. The service of an Employee who is transferred
pursuant to the provisions of this Article will be deemed continuous service.
e. All existing entitlements and leave balance of a
transferred Employee will be transferred to the entity to which he is
transferred to the extent that this does not contradict the legislation
applicable to that entity.
f. A transferred Employee must obtain clearance from
his Department before joining the service of the new entity.
g. The transferred Employee's file will be
transferred to the new entity. However, the former Department must maintain
copies of all documents and decisions related to him in a file.
h. The entity to which an Employee is transferred
will bear all costs associated with the transfer, including any variation in
the payment of contributions to the Pension scheme of the General Pensions and
Social Security Authority (pursuant to the legislation applicable to the
General Pensions and Social Security Authority.
Subject to the approval of the Director General
and written consent of an Employee, that Employee may be transferred to any
federal or local government entity in any emirate of the UAE.
a. Pursuant to a resolution of the Director General,
an Employee may, in addition to the duties of his original post, be assigned the
duties and responsibilities of another post which is vacant or whose incumbent
is absent. This assignment will be for a period not exceeding six (6) months
extendable for up to another six (6) months. The post whose duties are assigned
must be on the same grade level of the original post or on a level higher by up
to two (2) grades.
b. Pursuant to a resolution of the Director General,
an Employee may, to the exclusion of the duties of his original post, be
assigned the duties and responsibilities of another post in the next higher
grade which is vacant or whose incumbent is absent. This assignment will be for
a period of six (6) months extendable for up to another six (6) months.
c. Pursuant to a resolution of the Director General,
an Employee may, based on a career-path related individual development plan and
to the exclusion of the duties of his original post, be assigned the duties of
a supervisory post in the next higher grade which is vacant or whose incumbent
is absent. This assignment will be for a period of six (6) months extendable
for another six (6) months. In this case, the assignment will be deemed a professional
development assignment.
d. An Employee may not be assigned the duties of more
than one post in addition to those of his original post.
e. The post whose duties are assigned to an Employee
must be in grade 12 or higher.
f. Upon the expiry of the period of assignment
referred to in this Article, the assigned Employee must be reinstated to his
original post, transferred to any other post in the same grade, or transferred
to the post whose duties have been assigned to him.
Where an Employee is assigned the duties of a post
in addition to the duties of his original post, he will be entitled to an
assignment allowance of fifteen percent (15%) of the Basic Salary for the first
point of grade of the post whose duties are assigned to him, provided that the
assignment period exceeds two (2) months. This allowance will accrue effective
as of the date of assuming the assigned duties.
a. An Employee may be assigned all or part of the
duties of a post in the same or a higher grade, or to perform certain duties in
another Department, for a period not exceeding six (6) months extendable for another six (6) months. In this case, the
Employee’s assignment will take effect upon the request of the host Department
and subject to the approval of the Employee's Department, and the Employee’s
Aggregate Salary and all other entitlements for the period of assignment will
be paid by his Department.
b. An Employee who is assigned the duties of another
post pursuant to the provisions of paragraph (a) of this Article will be
entitled to a cash bonus of twenty percent (20%) of his Basic Salary. This cash
bonus will be disbursed monthly by the host Department throughout the
assignment period.
a. An Employee will be seconded to any local or
federal government entity within the UAE; to any company or corporation fully
or partially owned by that entity; to any foreign government or entity; or to
an Arab, regional, or international organisation.
b. An Employee will be seconded pursuant to a
resolution of the Director General for an extendable period not exceeding one
(1) Year subject to the Employee’s prior written consent to the secondment or
any extension thereof.
a. A seconded Employee will receive his Aggregate
Salary and other employment entitlements from the entity to which he is
seconded in accordance with the human resources regulations adopted by that
entity. Where an Employee is seconded to a regional or international entity, he
will receive his Aggregate Salary from his Department in addition to any other
payments or benefits received from the entity to which he is seconded.
b. An Employee’s secondment to another entity may not
affect the date of accrual of his air ticket allowance or annual leave balance.
The period of secondment will be deemed part of the Employee’s actual period of
service with his Department.
c. Where an Employee is seconded to an entity to
which this Law does not apply, the Employee will maintain his air ticket
allowance and annual leave balance that has accrued as of the commencement date
of secondment. In this case, the Employee will not be entitled to annual leave
or air ticket allowance from his Department throughout the period of
secondment.
a. Pursuant to a resolution of the Director General,
secondment may, for public interest, be prematurely terminated upon the request
of the host entity or the seconded Employee.
b. A Department may fill a post that falls vacant as
a result of secondment. Upon the return of a seconded Employee, the Department must
reinstate the Employee to his original post or transfer him to a new post in an
equivalent or higher grade.
Disciplinary penalties for any offences committed
by a seconded Employee will be imposed on him by the host entity in accordance
with the legislation applicable to that entity. The Employee’s Department must
be notified of the offences committed by, and any disciplinary penalties imposed
on, the seconded Employee.
a. The Government will seek to maintain a healthy
work environment and to ensure the safety and welfare of its Employees. These
Employees must comply with their obligations in this respect.
b. Employees must comply with the health, safety, and
environmental legislation and policies in force in the Emirate.
c. A Department and its Employees will have joint
responsibility to provide and maintain a safe and healthy work environment in
accordance with the relevant policy adopted by the Government.
d. Where an Employee violates the health, safety, or
environmental legislation and policies referred to in this Article, he will be
subject to disciplinary, civil, or criminal liability, as the case may be.
A Department must provide a favourable work
environment that ensures the safety and well-being of its Employees. The DGHR
will develop a standard health, occupational safety, and environmental manual
for all Departments. A Department may, in coordination with the DGHR, adopt
additional health, occupational safety, and environmental rules in accordance
with work needs
and requirements and the nature of work of the Department.
In accordance with the relevant resolutions of the
Chairman of the Executive Council, a Department will provide healthcare to its
Employees and their eligible family members, and provide them with Occupational
Injury and Occupational Disease insurance coverage. These resolutions will
state, without limitation:
1. the medical insurance policy for Employees and their
eligible family members; and
2. the rules, obligations, and rights related to the
provision of healthcare associated with Occupational Injuries and Occupational
Diseases of Employees and to compensating for these injuries and diseases.
a. The most effective disciplinary actions and
decisions are those adopted in accordance with good leadership and fair
supervisory practices.
b. A Department must take disciplinary actions that
are fair, uniform, impartial, and prompt in order to prevent any inappropriate conduct
affecting the work environment.
c. Without prejudice to any civil or criminal
liability where applicable, disciplinary action will be taken against any
Employee who fails to comply with the obligations stipulated in this Law and
the legislation issued in pursuance hereof; with the Code of Conduct and ethics
of public service; or with his employment duties.
d. An Employee will be exempt from disciplinary
penalty only if it is proven that he has committed the relevant offence in
implementation of an order issued by his immediate supervisor after alerting
that supervisor to the offence, in which case the person who issues the order
will be held responsible.
e. An Employee may be punished only once for any
single offence.
f. A disciplinary
penalty may be
imposed on an Employee only
after he is interrogated in writing and given the opportunity to state his case and defend himself during that interrogation.
g. A decision imposing a disciplinary penalty must be
reasoned.
h. The disciplinary penalty imposed on an Employee
must be commensurate with the offence he commits, and must not be excessive or
lenient.
Disciplinary actions and penalties, grievances,
and complaints will be regulated pursuant to the relevant regulation issued by the Chairman of the
Executive Council.
a. A
committee named the “Work-related Offences Committee” will be formed in each Department pursuant to a
resolution of its Director General. This committee will be comprised of a chairman, a vice chairman, and
three (3) members, including specialists in human resources and
legal affairs. A
member of the Grievances
and Complaints Committee
must not be a member of the Work-related Offences Committee.
b. The Work-related Offences Committee will be
responsible for considering and deciding on the work-related offences which
are referred to it and are committed by the respective Department's Employees,
and for imposing disciplinary penalties on them, in accordance with the rules
stipulated in the regulation referred to in Article (114) hereof.
a. A committee named the “Grievances and Complaints
Committee” will be formed in each Department pursuant to resolution of its Director General.
This committee will be
comprised of a chairman, a vice chairman and three (3) members, including specialists in human resources and
legal affairs. A
member of the Grievances
and Complaints Committee must not be a member of the Work-related Offences Committee.
b. The Grievances and Complaints Committee will be
responsible for considering and determining any grievance or complaint
submitted to it in accordance with the rules stipulated in the regulation
referred to in Article (114) hereof.
In
accordance with the rules stipulated in the regulation referred to in Article
(114) hereof and with the legislation in force in the Emirate, an Employee may file with the Central Grievances
Committee a Grievance against any decision or measure taken by his Department in
respect of which a grievance has been submitted to the Grievances and
Complaints Committee.
The service of an Employee will be terminated:
1. pursuant
to a decree of the
Ruler;
2. where
the UAE National Employee reaches the age of retirement; or where the non-UAE
National Employee reaches the age of sixty (60) Years;
3. upon resignation;
4. due to medical unfitness;
5. due to professional incompetence;
6. pursuant
to a disciplinary decision, or a court judgment;
7. where his employment contract is not renewed or is terminated before its
expiry;
8. in implementation of any approved restructuring plans;
9. in case of his absence from
work without an acceptable reason for fifteen (15) consecutive days or for
twenty-one (21) non-consecutive days in a single Year;
10. in implementation of any approved plans for
Emiratisation and replacement of non-UAE National Employees;
11. upon death; or
12. upon revocation or withdrawal of the Employee’s UAE Nationality.
The service of a UAE National Employee who reaches
the retirement age
or a non-UAE National Employee who
reaches the age of sixty (60) Years will be
terminated unless that
service is
extended, for up to one (1) Year,
pursuant to a resolution of the Director General.
a. An Employee may submit a written resignation from
his post at any time. The resignation will have legal effect only upon its acceptance.
b. The Director General will issue a decision to accept or reject the resignation, or will defer determining the resignation request for a maximum period of thirty (30) days from the
date of its submission. In any event, a decision on the resignation request must be issued within fifteen (15) working days from the date of its
submission, or upon the expiry of the deferral period referred to in this
paragraph, otherwise the resignation will be deemed accepted.
c. A resigned Employee must continue performing his duties until the end of a notice
period of two (2) months for Employees of grade 12 and
above, a notice period
of one (1) month for Employees of
grade 11 and below, or any
other notice period stipulated in the
employment contract concluded with the Employee. The notice period will commence on the day on which the resignation is deemed accepted in accordance
with the provisions of this Article.
d. An Employee may submit a written request to withdraw his resignation before the Director General issues the decision
accepting it, or
prior to the date on which the resignation is deemed accepted in accordance
with the provisions of this Article.
a. Upon acceptance of the resignation of an Employee, the Department may, upon his request, reduce the notice period and terminate the service of the
Employee before expiry
of that period. In this case, the Employee will not be paid any salary or benefit for the remainder of the notice period.
b. Upon acceptance of the resignation of an Employee, the Department may, of its own
accord, reduce his notice
period, in which case the Employee will be paid an amount equal to his Aggregate Salary
for the remainder of the notice period.
c. The remainder of the
notice period
referred to in paragraphs
(a) and (b) of this Article will not be deemed part of the Employee's actual service
period with the Department.
d. Where the Employee fails to comply with his obligation to continue to work for the Department during the
notice period, the salary for the days on which he fails to comply with that obligation will be deducted from his Aggregate Salary, and disciplinary action will be taken against
him.
The Human Resources Directorate within a Department will conduct an exit interview with any Employee
who resigns or requests non-renewal of his contract with the Department. The purpose of this interview is to
gather information on any possible weaknesses in the adopted work procedures
and to benefit from this information for future improvement of
policies, practices, systems, and
processes.
a. Where it is proven to the satisfaction of the
Medical Committee that an
Employee who is not enrolled in the Pension scheme of the General Pensions and
Social Security Authority is medically unfit to perform the duties of his post, the service of
that Employee will be
terminated for medical reasons after serving a two-month
notice on him or will be
terminated immediately subject to paying him the Aggregate Salary for these two
(2) months. In
this case, the notice
period will be deemed part of the Employee’s actual service period.
b. The service of a UAE National Employee who is
enrolled in the Pension scheme of the General Pensions and Social Security
Authority will be terminated for medical reasons based on a report issued
by the Competent Medical
Committee referred to in the above-mentioned Federal
Law No. (7) of 1999.
a. Where a non-UAE National Employee obtains a ‘Below
Expectations’ rating in his annual performance appraisal, and that rating
becomes final either due to his failure to file a grievance in this respect with
the Grievances and Complaints Committee or due to dismissal of such a
grievance, his service will be terminated for professional incompetence
pursuant to a decision of the Director General subject to serving a written notice
on him at least two (2) months prior to the termination in case of Employees of grade 12 and above, one (1) month
prior to the termination in case of Employees of grade 11 and
below, or in accordance with any other notice
period stipulated in his employment contract, whichever is longer. The Department may reduce this period subject to the provisions of Article (121)
hereof.
b. Where a UAE National Employee obtains a ‘Below
Expectations’ rating on his annual performance appraisal, and that rating
becomes final either due to his failure to file a grievance with the Grievances
and Complaints Committee or due to dismissal of such a grievance, the following will apply:
1.
A
written warning will be served on the Employee, by his immediate supervisor,
requiring him to improve his performance; and a six-month plan to develop the Employee’s
performance will be devised in coordination with the Human Resources
Directorate.
2.
Upon expiry of the period of the plan referred to
in paragraph (b)(1) of this Article, the Employee's performance will be
reappraised. If his performance has not improved, the Director General may
transfer him to another post which is commensurate with his professional
competencies even if the new post is up to two (2) grades lower than his
current post. In this case, the Employee will be awarded the salary of the
first point of grade of the post to which he is transferred.
3.
Where a UAE National Employee who is transferred
pursuant to paragraph (b)(2) of this Article obtains a ‘Below Expectations’
rating in his annual performance appraisal, and that rating becomes final
either due to his failure to file a grievance with the Grievances and
Complaints Committee or due to dismissal of such a grievance, the Department
may terminate his service for professional incompetence pursuant to a decision
of the Director General subject to serving a written notice on him at least two
(2) months prior to the termination. The Department may reduce this notice
period subject to the provisions of Article (121) hereof.
a. The service of an Employee may be terminated for
disciplinary reasons pursuant to a decision of the Director General issued upon the recommendation of the Work-related Offences Committee. The committee must determine in its recommendation whether the
Employee will retain his right to full
retirement Pension or end-of-service gratuity, or will be deprived of up to twenty-five percent (25%) of that Pension or gratuity.
b. The service of an Employee which is terminated pursuant to a court judgment will be deemed to have ended
on the date on which this court judgment becomes final and definitive.
a. Unless otherwise stipulated in the employment contract of an Employee, the
contract will be automatically renewed for the same original period and on the
same terms contained therein
where the Department fails to notify the Employee in writing of its intention not to
renew the contract, at least two (2) months prior to expiry of the
contract in case of Employees of grade 12 and above, or one (1) month prior to expiry of the contract in case of Employees of grade 11 and below.
b. A Director General may terminate the employment contract of an Employee at any
time during its term subject to serving a notice on the Employee at least two
(2) months prior to expiry of the contract, or in accordance with any other notice period stipulated in the
Employee’s contract, whichever is longer. The decision terminating the
Employee's contract under this paragraph must be reasoned. The Department may
reduce this notice period subject to the provisions of
Article (121) hereof.
a. Where an Employee’s post is eliminated due to the restructuring
of the Department or any of its organisational units, the Director General may:
1. terminate
the service of a non-UAE National Employee subject to serving him with a
written notice at least two (2) months prior to the termination or in
accordance with any other notice period stipulated in the employment contract,
whichever is longer. The notice period may be reduced subject to the provisions of Article (121)
hereof; or
2. transfer a UAE National Employee in accordance
with the provisions of Article (101) hereof; retire him where he is entitled to
retirement Pension in accordance with the legislation in force; or place him on
a pre-retirement scheme, in which case his Basic Salary will continue to be
paid and his Pension contributions will not be subject to increase, provided
that the Employee has up to two (2) Years to complete the period of service required
to establish his eligibility for the retirement Pension.
b. The measures stated in paragraphs
(a)(1) and (a)(2) of this Article must be based on the
relevant restructuring and human resources redistribution plans developed by
the Department in coordination with the DGHR.
a. The service of an Employee will be terminated in case of his absence or failure to report to work for more than fifteen (15) consecutive working days or twenty-one
(21) non-consecutive working days within a Year without a prior permission or an acceptable
reason.
b. Where the Employee whose service is terminated
under paragraph (a) of this Article provides any reason within one (1) month from the date of being notified in writing of the termination of
his service, his
case must be referred to the
Work-related Offences Committee to verify the authenticity and the validity of this reason and to make the appropriate decision in this
regard.
c. Where the Employee is absent from
work for more than fifteen (15) consecutive working days, the termination of his service in accordance with the provisions of this
Article will take
effect as of the first day of absence.
Where he is absent from work for more than twenty-one (21)
non-consecutive working days, the termination of his service in accordance with the provisions of this Article will take
effect as of the day following the
twenty-first day of absence.
Based on approved plans developed by a Department
in coordination with the DGHR for Emiratisation and replacement of non-UAE National Employees, the service of a non-UAE National Employee may be
terminated to appoint a UAE National to his post, pursuant to a decision of the
Director General, subject
to serving a written notice on the non-UAE
National Employee at least two (2) months prior to the termination, or in accordance with the notice period stipulated in his
employment contract, whichever is longer. The Department may reduce this notice period subject to the provisions of
Article (121) hereof.
a. In the event of death of an Employee for any reason other than Occupational Disease, Occupational Injury, or suicide, the Employee’s Department will pay, in one instalment, his Aggregate
Salary for three (3) months, in addition to salary for the month in which death
occurs, to the person(s) nominated in writing as beneficiaries by the Employee before his death. Where no beneficiaries are
nominated, these amounts will be paid in
equal shares to
the Employee's male
and female dependents.
b. The amount mentioned in paragraph (a) of this
Article will be deemed a grant and may not be deemed part of, or deducted from,
the end-of-service entitlements. This amount may, by no means, be subject to
attachment or set-off with any other amounts owed by the deceased Employee to
the Department.
In the event of death of a non-UAE National
Employee while in the service of a Department, and where his family requests that he be
buried in his home country, the Department will bear the cost of repatriation
of the Employee’s remains to the nearest international airport in his home
country in addition to an air ticket for one (1) of his family members,
relatives, friends, or
colleagues to accompany the remains.
Where an Employee’s UAE nationality is revoked or
withdrawn in accordance with the legislation in force, his service will be terminated pursuant to a resolution of the Director General as of the date on which the nationality is revoked or withdrawn.
a. With the exception of Employees who are entitled
to retirement Pension or to end-of-service gratuity in accordance with the
above-mentioned Federal Law No. (7) of 1999 or any other legislation, an
Employee who is issued with
an initial approval by the Ruler to
be granted the UAE nationality
and is issued with a UAE passport will, upon the end of his service,
be entitled to end-of-service gratuity as follows:
1. one
and a half month’s Basic Salary per Year
for the first five (5) Years of service;
2. two
(2) months’ Basic Salary per Year for the following five (5) Years of service;
and
3. three
(3) months’ Basic Salary per Year for Years in excess of the above-mentioned periods.
b. A non-UAE National
Employee will, upon the end of his service, be entitled to end-of-service
gratuity as follows:
1. one month's Basic Salary per Year for the first five (5) Years of service;
2.
one and a half month’s Basic Salary per Year for
the following five (5) Years of service; and
3.
two (2) months’ Basic Salary per Year for Years in
excess of the above-mentioned
periods.
c. The end-of-service gratuity of an Employee who is issued with an initial approval by the Ruler to be granted the UAE
nationality and is issued with a passport during his service with a Department will be calculated as stipulated in paragraph (a)
of this Article for the whole period of his service with the Department.
d. The end-of-service gratuity granted under paragraphs (a), (b), and (c) of this
Article will be calculated based on the last Basic Salary received by the
Employee during the last continuous period
of service. The
calculation of the
end-of-service gratuity for the period preceding 31 July 2007 will be based on the Basic Salary received by the Employee
on that date.
e. The end-of-service gratuity for an Employee who
acquires the UAE
nationality during his service
with a Department will be calculated as stipulated in
paragraph (a) of this Article for the period of service preceding acquisition of the UAE nationality based on the last Basic Salary received by him prior
to acquiring the nationality.
f. For the
purposes of calculating the end-of-service gratuity, any part of a month will
be rounded up to a full month.
g. The end-of-service gratuity of an Employee will be
calculated based on his actual period of service with his Department.
h. An Employee will not be entitled to end-of-service
gratuity if his actual
period of service with the
Department is less than one (1) year.
a. Upon the end of service of an Employee, he will be
paid:
1. an
amount, calculated
based on the last Basic Salary received by the Employee, in
lieu of unutilised accrued annual leave balance of up to two (2)
Years’ entitlement, provided that the Employee
successfully passes
the probation period and is confirmed in the post;
2.
an annual air ticket allowance for the Employee
and his eligible
family members which
is calculated in proportion to the actual period of his service during the Year for
which the allowance is payable; and
3.
any salary, allowance, bonus, benefit, or
compensation to which the Employee is entitled pursuant to this
Law and the legislation issued in pursuance hereof.
b. Upon termination of an Employee’s service for any
reason whatsoever,
he must obtain a clearance letter
from his Department prior to receiving his entitlements.
c. The residence permits of a
non-UAE National Employee and of the family members sponsored by him will be
cancelled upon termination of his service unless sponsorship is transferred to
another entity within the UAE.
d. Neither a claim filed by a Department against an
Employee to recover any financial entitlements owed to it nor a claim filed by
an Employee against a Department to recover any entitlements owed to him may be
heard after the lapse of two (2) Years from the date on which such entitlements become due. This limitation period will be interrupted
where a claim to recover the entitlements is filed with a judicial authority by
an interested party.
Chapter
Sixteen
Final
Provisions
For the
purposes of implementing this Law, an Employee who is issued with an initial approval to be granted the UAE nationality and is issued
with a UAE passport will be treated as a UAE National.
a. A Director General may delegate to any of his Department Employees any of the powers vested in him under
this Law and the legislation issued in pursuance hereof. For this delegation of powers to be valid:
1.
delegation must be in writing;
2.
delegation must be granted to the concerned person
in his official rather than personal capacity;
3.
delegation must be time-limited;
4.
the Employee to whom the powers are delegated must
be in Grade 14
or above;
5.
delegation must not grant all the powers vested in
the delegating person; and
6.
delegation must not adversely affect the work flow or the Department’s best interest.
b. Notwithstanding paragraph (a) of this Article, the Director General may not delegate the powers vested in him under this
Law and the legislation issued in pursuance hereof in respect of:
1.
appointment to Grade 12 and above;
2.
appointment under special contracts;
3.
granting outstanding skills allowances;
4.
promotion;
5.
terminating the service of a UAE National
Employee;
6.
terminating the service of a non-UAE National Employee in Grade 12 or above; and
7.
referral
of an Employee to judicial authorities.
a. All resolutions and internal bylaws issued by
Departments must be
consistent with the
provisions of this Law and the legislation issued in pursuance hereof. The provisions of these resolutions or internal bylaws will be null and
void to the extent that they contradict this Law, and may not create any
acquired rights.
b. Where a Department issues any resolution or
internal bylaw that is proven to be inconsistent with the provisions of this Law and the legislation
issued in pursuance hereof, the DGHR must require the Department to cease the
implementation of that resolution or bylaw and amend it so as to be consistent this
Law and the legislation issued in pursuance hereof.
c. The DGHR will prepare a report on the acts committed by Departments in breach of this
Law and the legislation issued in pursuance hereof, and will submit the same to
the Chairman of the Executive Council.
a. The Chairman of the Executive Council is hereby
authorised to issue legislation
regulating management of the Government human resources. This includes amending any of
the provisions of this Law.
b. Without prejudice to the resolutions which the
Chairman of the Executive Council is authorised to
issue under this Law and the legislation issued in pursuance hereof, the
Director General of the DGHR will issue the implementing resolutions and
procedural manuals required for implementing the provisions of this
Law. These resolutions
and manuals will be
published in the Official Gazette of the Government of Dubai.
a. This Law will supersede Law No. (27) of 2006 Concerning Management of the Government of Dubai Human Resources and its
amendments.
b. Any provision in any other legislation is hereby
repealed to the extent that it contradicts the provisions of this Law.
c. The decrees, resolutions, and bylaws issued in
pursuance of Law No. (27) of 2006 Concerning Management of the Government of Dubai Human Resources and its amendments will continue in force to the
extent that they do not contradict this Law until new superseding decrees,
resolutions, and bylaws are issued.
This Law will be published in the Official Gazette
and will come into force on 1 January 2019.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 1 July 2018
Corresponding to 17 Shawwal 1439 A.H.
©2018
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.