Law No. (14) of 2010 Amending Certain Provisions of the Government of Dubai Human Resources Management Law No. (27) of 2006 Page 1 of 22
Law No. (14) of 2010 Amending Certain Provisions of the Government of Dubai
Human Resources Management Law No. (27) of 20061 ـــــــــــــــــــــــــــ
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, After perusal of Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai, The Government of Dubai Human Resources Management Law No. (27) of 2006 (hereinafter referred to as the “Original Law”), Law No. (19) of 2007 Authorising the Chairman of the Executive Council to Issue the Government of Dubai Human Resources Management Legislation, Law No. (28) of 2009 Concerning the Appointment of Retirees in Government Entities of the Emirate of Dubai, Law No. (31) of 2009 Establishing the Dubai Government Human Resources Department, Decree No. (40) of 2006 Determining the Departments Subject to the Government of Dubai Human Resources Management Law No. (27) of 2006, Decree No. (21) of 2007 Concerning the Authority to Appoint Executive Directors, their Deputies and Assistants, and to Appoint Deputies and Assistants of Directors General, and Executive Council Resolution No. (4) of 2009 Approving the Charter of the Central Grievances Committee for Employees of the Government of Dubai Departments, do hereby issue the following Law:
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Article (2): The following words and expressions shall have the meaning indicated opposite each of them unless the context implies otherwise: State: 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. Department: Any of the Government Departments, public
corporations and authorities, councils, authorities or any other entity affiliated with the Government to which the provisions of this Law apply.
Director General: The Director General of a Department, including the executive director, or the secretary general of any of them or officer in similar position.
Human Resources Department: The Dubai Government Human Resources Department.
Human Resources Directorate: The Organisational Unit which is responsible for the Employees’ affairs in the Department.
Organisational Unit: A directorate, division or section of a Department. Employee: A person who occupies a budgeted post in a
Department whether male or female. UAE National: Any person who holds the nationality of the State. Employee’s Family: One spouse and three (3) children aged under 18
years. Table: The table of grades and salaries annexed to this
Law. Total Salary: The monthly salary stipulated in the Table
attached to this Law, which consists of Basic Salary and general allowance.
Basic Salary: The amount equal to fifty percent (50%) of the Total Salary.
Year: A calendar year. Work-related Offences Committee:
A committee formed in each Department to investigate work-related offences committed by its Employees.
Grievances and Complaints Committee:
A committee formed in each Department to decide on the grievances and complaints filed by its Employees.
Central Grievances Committee: The central committee formed by the Government to decide on grievances and complaints filed by the Employees who object to the decisions rendered by the Grievances and Complaints Committee.
Medical Committee: A medical committee formed by a decision of the Director General of the Dubai Health Authority.
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Role of Human Resources Directorates in Implementing this Law Article (4):
a. The Human Resources Directorate in each Department shall be responsible for
the application and implementation of the human resources policies and provisions stipulated by this Law.
b. The concerned directorate in each Government Department shall consult with the
Human Resources Directorate regarding technical issues related to human resources.
c. The Human Resources Directorate shall perform all duties assigned to it pursuant
to this Law with the assistance of the Human Resources Department. d. The Human Resources Department shall be responsible for reviewing and
proposing updates to the legislation regulating human resources and for its evaluation after its application, as well as for reviewing the recommendations and complaints of the Departments relating to human resources. In this respect, the Human Resources Department shall act as a reference authority.
Overtime Article (21): a. Employees of band 3 and below who do the official working hours, excluding
those working on a shift basis, shall be entitled to overtime pay as compensation for working beyond the official working hours of forty (40) hours per week or thirty (30) hours per week during the holy month of Ramadan.
b. Employees working on a shift basis shall be entitled to overtime pay for the extra hours worked in excess of the prescribed shift hours, provided that the prescribed shift hours are not less than forty (40) hours per week.
c. Overtime pay shall be calculated at the rate of one hundred twenty five percent (125%) for the hour of Basic Salary if work is carried out on weekdays, or one hundred fifty percent (150%) for the hour of Basic Salary if work is carried out on weekends or official holidays.
d. Notwithstanding the provisions of Clause (a) of this Article, the Department may award Employees of band 4 and below compensatory time off in lieu of the overtime pay commensurate with the overtime hours worked by the Employee. Employees shall 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 leave balance.
e. Overtime in the Department shall be regulated by a by-law issued by the Director General, which shall provide for the conditions, procedures and Employee bands to be assigned overtime as well as the competent body authorised to assign overtime. The following must be observed when drafting such a by-law:
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1. The tasks to be performed during overtime hours must not have arisen due to
negligence or omission of the relevant Employee; 2. Assignment of overtime to the Employee must be following a need that arises
or because of the nature of the work of the Department; 3. Overtime must be assigned to the Employee in writing and such assignment
must include the nature of the task with which the Employee is charged and the time required to perform it;
4. Overtime pay for any month may not exceed fifty percent (50%) of the Basic Salary of the Employee, and compensatory time off in lieu of overtime must not exceed five (5) days during any one month in case of awarding compensatory time off in lieu of overtime work;
5. Overtime pay may not be awarded along with compensatory time off during the same month;
6. Overtime pay may not be awarded along with other bonuses or allowances awarded to the Employee for the same reasons;
7. Appropriations for the payment of overtime shall be allocated in the Department budget.
f. For the purposes of this Article, the Human Resources Department, in
coordination with the relevant Organisational Units in the Department, shall undertake the following:
- Identify the Employees required to work overtime and the reasons for this
need; - Determine the period of time for which the Employees are required to work
overtime; - Submit a list of Employees to be assigned overtime to the competent body in
the Department for approval; - Monitor and supervise assigning overtime in the Department.
Attendance and Punctuality Article (22)
a. Employees must arrive to, and leave office on time in order not to put extra
workload on fellow Employees as a result of being absent or late. Employees must perform the duties assigned to them within the official working hours stipulated in this Law or in accordance with the timing schedules issued by the Department for Employees working on a shift basis;
b. If the Employee is unable to report to work or if he reports to work but fails to duly perform his duties, he must notify his immediate supervisor.
c. The Department must take the appropriate disciplinary action against any Employee who repeatedly reports late to work without a reason accepted by the immediate supervisor of the Employee. Each Department shall issue an attendance policy that satisfies its needs and ensures the proper performance of its duties.
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d. Failure by the Employee to report to work will lead to disciplinary action against
the Employee. In case the Employee fails to report to work without obtaining permission in advance or without an acceptable reason, in addition to the disciplinary action stipulated by this Law, his monthly Total Salary will be subject to a deduction for the number of days during which he did not report to work. This number of days will not count as service in the Department.
e. Service of the Employee shall be terminated if he fails to report to work without obtaining prior permission or without a valid reason for a period in excess of fifteen (15) consecutive days or twenty one (21) non-consecutive days within a Year. If the Employee provides valid reason for his absence within one (1) month from the date of terminating his service, the matter must be referred to the Work-related Offences Committee to verify the validity and authenticity of such reason and render the appropriate decision in regard of the Employee.
Human Resources Planning Article (28): a. The Department undertakes to plan its future human resources needs to ensure
availability of the manpower and competent professionals required to implement its future plans and programmes. This plan shall be developed in accordance with the human resources planning scheme issued by the Human Resources Department in this regard.
b. Each Department shall have a yearly human resources budget which is prepared in accordance with its organisational structure and work requirements. Such budget shall include the number of available posts, job titles, grades and available financial appropriations. Such budget shall be prepared based on the findings of the human resources planning exercise, and shall be adopted only after approval of the Ruler or his authorised representative.
c. The Human Resources Department shall be responsible for planning the long-term human resources needs of the Government.
Types of Employment Article (31):
a. Based on work requirements and needs, vacant posts in the Department shall be
filled by any of the following employment types:
1. Full time employment; 2. Part time employment; 3. Temporary employment.
b. UAE Nationals shall be appointed pursuant to decisions or employment contracts
issued by the competent recruitment authority. c. Expatriates shall be appointed pursuant to renewable fixed term employment
contracts.
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Temporary Employment and Appointment of Retirees Article (33)
a. The Department may appoint Employees on a temporary basis for a non-
renewable period not exceeding one (1) year. The Employee appointed on temporary basis shall be paid a monthly lump sum salary commensurate with his grade and with work hours done, and shall not be eligible for any of the benefits, bonuses or allowances payable to full-time Employees.
b. Retired military and civilian Employees may be appointed in accordance with the provisions of the relevant legislation in force.
Appointment of Temporary Employees to Permanent Posts
Article (34)
The Department may appoint a temporary Employee in a permanent post commensurate with his qualifications and experience, in which case the period of service of the Employee in the Department shall be calculated from the date of appointment to the permanent posts. Appointment of Persons with Outstanding Skills Article (35): Depending on the work requirements and needs, the Director General may, in special cases determined by him, appoint persons with outstanding skills, high qualifications and special expertise only to band 4 posts with the same benefits and terms of employment stipulated in this Law. Such Employees shall be granted an “outstanding skills allowance” not exceeding fifty percent (50%) of the Basic Salary. Special Contracts Article (36): The Director General may appoint persons with outstanding skills and expertise or persons specialised in rare disciplines on band 4 posts only pursuant to a “special contract”. Appointment under a special contract shall be made in accordance with a regulation issued by the Executive Council in this regard upon recommendation of the Human Resources Department. Such contract shall specify all conditions of employment as well as any entitlements and benefits that may be granted to Employees appointed under such special contracts. Recruitment Authority Article (41):
The authority in charge of appointment of Employees in the Department shall be as follows:
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1. Chairman of the Executive Council: appointment of executive directors; 2. Director General: appointment to posts in band 5; 3. Director General or his authorised representative upon recommendation of the
Director of the Human Resources Department: appointment to posts in band 4 and below.
Appointment Priority Article (42): a. UAE Nationals shall be given priority when filling vacant posts in any
Department, particularly managerial and supervisory posts, whether by way of new appointments, promotion or transfer of Employees, provided that they satisfy the requirements of such posts. They may also be provided with supplementary training if necessary.
b. Departments must develop plans for Emiratisation and expatriate replacement, as well as programmes for qualifying UAE Nationals, provided that such plans are submitted to the Human Resources Department for approval.
c. In accordance with approved Emiratisation and expatriate replacement plans, the Department may terminate the service of an expatriate Employee in order to appoint a UAE National in his post provided that the Department gives such expatriate a termination notice of at least two (2) months prior to termination in case of Employees of band 4 and above, one (1) month prior to termination in case of Employees of band 3 and below, or else in accordance with the notice period stipulated by the employment contract, whichever is longer. Without prejudice to any other rights of the Employee, in case of immediate termination of service, the Department may pay the Employee the Total Salary for the notice period stipulated in this Clause.
Appointment of Employees whose Service is Terminated Article (43):
a. An Employee whose service with a Department is terminated may be appointed to a post in another Department provided that he satisfies all conditions and requirements of the said post and that he successfully passes the prescribed examinations.
b. An Employee whose service with a Department is terminated may be re-appointed to a post at the same grade or lower grade in the same Department. The Employee may be re-appointed to a higher grade if he obtains higher qualifications or expertise provided that at least one (1) year following the date of termination of his previous service has lapsed.
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Entitlement to Salary Article (50)
a. A new Employee shall be granted the Total Salary of the first point of the grade
on which he is appointed. However, the new Employee may be granted a higher salary up to twenty percent (20%) higher than the Total Salary of the first point of his grade provided that he has higher qualifications and experiences and passes the tests prescribed by the Department.
b. An Employee shall be entitled to salary as from the actual date of commencing work. The Employee may assume duties only after the decision of his appointment is rendered or his employment contract signed by the relevant authority.
c. In case an Employee is recruited from outside the State, the Department may give him an advance payment of not more than one-month Total Salary to assist him to settle in the State. This advance payment shall be deducted over three monthly installments.
Probation Period Article (57): a. When appointed at the Department, a new Employee shall be subject to
probationary period of at least three (3) months extendable to another three (3) months. During this probation period, the immediate supervisor shall evaluate the performance of the Employee to decide whether or not to confirm the Employee in the post. If the Employee is not confirmed in the post within the first three (3) months of employment, the probation period will be extended automatically for another three (3) months.
b. Subject to a five-day prior notice, service of an Employee may be terminated during the probation period by a decision of the competent authority if it ascertains that the Employee is not competent for the post, or unable to perform the duties of the post to which he is appointed, or due to unsatisfactory performance. The decision of the competent authority in this regard must be reasoned.
c. Subject to serving a five-day prior notice on the Department, an Employee has the right to resign during the probation period. If the Employee who has resigned is recruited from outside the State, he must refund all recruitment expenses including tickets for him and his family members, visa fees, residence permit fees and medical test fees as well as temporary accommodation charges, if any. However, the Director General may exempt the Employee from any or all such charges upon recommendation of the Director of the Human Resources Department provided that the Employee has provided valid reasons for resignation.
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Allowances, Bonuses and Benefits Article (60):
a. Departments must seek to achieve their goals with optimal productivity and
minimum costs. In order to achieve this, bonuses and benefits stipulated in this Law must be awarded to employees in such a way to ensure the highest level of competence and outstanding performance by the Government.
b. Upon the recommendation of the Human Resources Department, the Executive Council shall issue a unified nature of job allowance schedule which specifies eligible posts and amount of allowance for each post.
c. The Executive Council shall have the authority to amend or add the allowances and benefits stipulated in this Law.
Authority Responsible for Evaluation of Posts Article (65):
a. A Government post created after this Law comes into force shall be evaluated
through the same scheme referred to in Article (64) of this Law through which the band and grade for each post shall be determined.
b. The Human Resources Directorate in each Department shall, in consultation with the relevant Organisational Unit, undertake an initial evaluation which will be finally approved in a decision rendered by the Human Resources Department.
Updating the Table of Grades and Salaries Article (68):
The Table of grades and salaries shall be updated by a decision of the Executive Council upon the recommendation of the Human Resources Department based on certain economic and social factors such as the average salaries in the labour market, rate of inflation and any other relevant factors. Minimum Salary of UAE National Employees Article (71):
The Executive Council shall determine the minimum Total Salary of UAE National Employees based on the recommendations of the Human Resources Department.
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Employee's Performance Appraisal and Bonuses
Article (80) a. As a part of the Government performance management system developed by the
Human Resources Department, the individual performance of each Employee shall be measured against specific criteria and defined objectives.
b. Performance of Employees shall be measured in accordance with the Government performance management system, and shall be rated against the following scale:
c. Performance appraisal for the Employee shall be conducted annually or bi-annually depending on the post. The Employee must be involved in the performance review process through setting and agreeing upon performance targets, discussing the findings of the appraisal with the immediate supervisor and signing jointly with the immediate supervisor all the performance review forms.
d. Performance rating affects the promotion and salary increments of the Employee as well as entitlement to the annual bonus awarded by the Department to Employees, and any other performance bonus.
e. The Human Resources Department shall be responsible for implementing and monitoring the Government performance management system.
f. An Employee who obtains 'Meets Expectations' rating or above shall be granted the performance bonuses stipulated by this Law as an incentive to encourage higher future performance and better achievements for the following years.
Performance Based Periodic Salary Increment
Article (81):
The Government performance management system shall set out the rules, conditions and dates for entitlement to performance based annual salary increments.
Special Cash Bonuses
Article (83):
The Department may award the Employee a special cash bonus at any time of the Year due to outstanding achievements or in recognition of creativity, innovation, outstanding recommendation or any other remarkable acheivement. The amount and number of such bonuses granted to the Employee within one (1) year shall be determined by the Government performance management system.
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Promotions
Article (85): a. Promotion is a tool to enhance and promote the career of an Employee and shall
in no way be deemed a binding obligation on the Department. b. Promotion shall be the first option when filling a vacant or newly introduced post
in a Department. In cases where no qualified or competent Employees are available in the Department to fill the vacant post, the Department shall resort to external recruitment sources.
c. Only Employees with outstanding performance who receive no less than an ‘Exceeds Expectations’ rating shall be entitled to promotion.
d. When promoted, an Employee shall receive the Total Salary of the first point of the new grade or a salary increment of ten percent (10%) of the Total Salary prior to the promotion, whichever is higher.
e. For the purposes of promotion, seniority shall be considered only if the results of the performance appraisal are identical for more than one (1) Employee.
f. The promotion decision shall be rendered by the competent recruitment authority. Methods of Promotion
Article (86):
Employees shall be promoted through any of the following methods: 1. Promotion to a vacant post; 2. Promotion by re-evaluating the current post and changing its grade into higher
grade due to restructure or redistribution of duties and responsibilities of the Employee, provided that promotion requirements are satisfied;
3. Promotion to a newly introduced higher-grade post created due to restructure; 4. Salary increment without any change in the post or grade either by:
- Normal Salary Increment: The Employee is awarded a salary increment of
five percent (5%) of his Total Salary provided that his new Total Salary does not exceed the salary of the highest point of his grade, that his rating in the performance appraisal for the previous Year is not less than ‘Exceeds Expectations,’ and that at least one (1) Year has lapsed from the date of last normal salary increment received; or
- Special Salary Increment: The Employee is awarded a salary increment of ten percent (10%) of Total Salary provided that his new Total Salary does not exceed the salary of the highest point of his grade, that his rating in the performance appraisal for the past Year is not less than ‘Substantially Exceeds Expectations,’ and that at least two (2) Years have lapsed from the date of last special salary increment received.
5. Promotion may not be awarded retroactively and multiple promotions amongst
the promotions referred to in this Article may not be permitted in any single Year.
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Conditions of Promotion Article (87)
a. To be eligible for promotion, an Employee must meet the requirements of the
post to which he is to be promoted and must complete the minimum period required to stay in the band as follows:
• Band 5: four years • Band 4: three years • Other bands: two years
b. To be eligible for promotion to a higher grade in the same band, the Employee
must meet the necessary requirements for occupying the post to which he is to be promoted and must complete at least one (1) Year in his current post.
Obligations of Employees on Scholarships Article (102):
a. An Employee who studies at the expense of the Department must work for the
Department for a period equivalent to the period of approved study programme, failing which he must repay all the expenses incurred by the Department during the study course, including the monthly Total Salary received.
b. An Employee who has been granted study leave with full pay by the Department in accordance with the provisions of this Law following the award of a study programme or scholarship by a third party must work for the Department for the same period of the study leave, failing which he must repay the Total Salary received throughout the leave period.
c. If an Employee fails to complete the period of service stipulated by Clause (a) and Clause (b) of this Article, he must repay all expenses and Total Salary paid to him for the period of service that remains uncompleted on the date of leaving the Department.
Utilisation of Annual Leave Article (115): a. In order to maintain a balance between work and private life, Employees must
utilise their annual leave during the Year in which the leave accrues. b. Employees are not entitled to carry over more than one half of the annual leave
entitlement to the following Year. c. The Director General may allow any Employee to carry over more than one half
of his annual leave entitlement to the following Year if business requirements prevent this Employee from utilising his annual leave in that Year.
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Carrying over the Annual Leave Entitlement Article (116): An Employee serving on the day that this Law comes into force may carry over his annual leave for the past two (2) years to the following year, and will have the right to utilise such annual leave entitlement throughout the period of service provided that the accrued annual leave for such Employee shall not exceed the entitlement for two (2) years on the date of calculation of his end of service gratuity.
Special Leave to Participate in Events
Article (131):
a. The Director General or his authorised representative may grant the UAE
National Employee special leave with Total Salary for a maximum of three (3) months per Year in order to undertake any activities or duties related to participation in national teams, competitions, sport activities, social or cultural programmes or similar activities not related to the busines of the Department and which require the participation of the Employee. Such leave shall be granted upon the official request of the relevent official authority in charge of the said activities in the State.
b. Notwithstanding the provisions of Clause (a) of this Article, the Director General may, upon request of the relevant official authority, extend the special leave for a period not exceeding one (1) month each time.
Special Leave to Accompany Relatives for Medical Treatment Article (132) a. The Director General or his authorised representative may grant an Employee up
to three (3) months special leave with Total Salary to accompany a first or second degree relative for overseas medical treatment where such treatment is not available in the State. Such leave shall be granted based on a report issued by an officially accredited medical authority. If necessary, the Director General or his authorised representative may extend the leave for an additional three (3) months with Basic Salary.
b. Based on a report issued by an officially accredited medical authority, the Director General or his authorised representative may grant the Employee special leave with Total Salary for up to two (2) months to accompany his spouse or any of his first degree relatives who receives medical treatment in the State. If necessary, the Director General or his authorised representative may extend the leave with Basic Salary.
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Unpaid Leave Article (143):
Pursuant to a decision of the Director General or his authorised representative, an Employee may be granted unpaid leave of up to sixty (60 ) days per Year provided that such Employee has valid reasons to obtain this leave and has already utilised his annual leave entitlement. General Provisions Relating to Leave Article (144)
a. At the end of any leave, the Employee must report to work and assume the duties
assigned to him. b. Should an Employee fail to report to work upon expiry of the leave without prior
permission or valid reason, in addition to the disciplinary measures stipulated by this Law, the salary for the days of absence from work will be deducted from his monthly Total Salary and such days of absence will not be counted for the purposes of calculating the period of service with the Department.
c. Service of the Employee shall be terminated if he fails to report to work for fifteen (15) consecutive days after expiry of his leave without prior permission or valid reason. In case the Employee provides any reason within one (1) month from the date of termination of his service, the matter will be referred to the Work-related Offences Committee to verify the validity and authenticity of such reason and to take the appropriate action against the Employee. An Employee whose service is terminated pursuant to the provisions of this Clause shall be deemed as having had his contract terminated from the date of absence from work.
Annual Air Tickets Article (149): a. An expatriate Employee is entitled to annual air tickets on the anniversary of the
date of joining his post as follows: 1. Grade 15 and above: Business class tickets for the Employee and his family; 2. Grade 9 to 14: Economy class tickets for the Employee and his family; 3. Grade 8 and below: Economy class ticket for the Employee only. b. The air ticket allowance shall be paid in cash to the Employee and his family
members who are residents in the State irrespective of whether, or not, they use it to travel. An Employee shall be entitled to air tickets to the country of his nationality at the time of his employment or to the nearest airport to this country even if he acquires after that the nationality of another country. The air ticket allowance shall be calculated based on the lowest rates announced by the relevant authorities at the time of the Employee’s travel.
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c. In all cases, the total air ticket allowance for an expatriate Employee and his
family may not exceed sixty two thousand and five hundred dirhams (62,500 Dhs) annually.
Transfer of Employees to other Government Departments
Article (167):
a. Under ordinary circumstances, an Employee may be transferred to another Department or any local Government entity provided that he is transferred to a vacant post in the same or higher grade.
b. In case of duplication of duties in certain posts or if the need arises to cancel posts in accordance with a systematic process for assessment of the human resources of the Department as a direct result of restructuring the Department or its Organisational Units or due to redundancy of manpower, the Department may take any of the following actions in respect of its Employees:
1. For expatriate Employees: The Department may terminate the service of an
expatriate Employee in case his post is cancelled subject to serving a termination notice of at least two (2) months prior to termination in cases of Employees of band 4 or above, one (1) month prior to termination in cases of Employees of band 3 or below, or else in accordance with the notice period stipulated by the employment contract, whichever is longer. In lieu of the notice period, the Department may pay the Employee Total Salary for a term equivalent to the notice period without prejudice to any other benefits to which the Employee is entitled.
2. For National Employees: The Department may take any of the following measures: - Transfer the Employee to another post within or outside his Department; - Retire the Employee if he has completed the prescribed period of service
for retirement; - Provisionally retire the Employee and pay Basic Salary and maintain the
same pension contribution if the Employee has up to two (2) years to complete the prescribed period of service for retirement.
c. Upon the recommendation of the Human Resources Department, the Executive
Council shall approve the human resources plans developed by the Departments for the purposes of redistribution and restructuring of human resources as well as restructuring of their Organisational Units. A Department may not take any of the measures stipulated in Clause (b) of this Article unless the said plans are approved by the Executive Council.
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Procedures for Transfer of Employees
Article (168):
a. Under ordinary circumstances, transfer of Employees shall be effected by a decision of the Director General of the Department or his authorised representative based on a written request from the Department or the entity requesting the transfer, provided that prior written consent of the Employee is obtained.
b. A Department must not offer jobs to Employees of another Department during their participation in joint assignments or projects between the two Departments without obtaining the prior written approval of the Director General of the current Department of the Employee.
c. Transfer of Employees shall not affect their seniority in the service, and their period of service may not be interrupted by the transfer.
d. An Employee shall reserve all his rights and leave balance when transferred to another Department.
e. A transferred Employee must obtain a clearance letter from his former Department before joining the service in the new Department.
f. Copies of all documents and decisions related to the transfer of an Employee shall be maintained in the Employee file at both the former and new Departments.
Secondment
Article (175):
Pursuant to a decision of the Director General, the Employee may be seconded to any other Department, federal or local Government entity, Arab, foreign or regional governments, authorities or organisations or any company owned in whole or in part by the Government for an extendable period not exceeding one (1) Year, subject to the Employee’s written consent to the secondment or extension.
Medical Insurance Policy Article (184): The medical insurance policy approved by the Executive Council shall determine the beneficiaries, amongst Employees and their family members, of the medical insurance, the conditions of insurance, insurance coverage, medical institutions covered by the insurance, conditions of treatment inside and outside the State and other issues related to the medical insurance.
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Protective Custody for Non-work Related Reasons Article (194)
a. The provisions of Article (193) of this Law shall not apply to Employees who are
remanded in custody for an offence not related to work, in which case the Employee shall be deemed absent from work and such period of absence shall be deducted from his leave balance. If the leave balance is not sufficient, the remaining period shall be deemed as unpaid leave.
b. An Employee may not be subject to disciplinary penalty if he commits any offence outside the Department and such offence has nothing to do with his job or does not tarnish the image of his post.
Conviction of the Employee of a Non-work Related Offence
Article (195):
a. An Employee who is sentenced to a fine or imprisonment with stay of execution
as a result of being convicted of a misdemeanour not prejudicial to honour or honesty and whose employment has been suspended shall be reinstated to his post but may not recover any amounts deducted from his salary.
b. An Employee who is sentenced to imprisonment by a court order as a result of being convicted of a misdemeanour not prejudicial to honour or honesty shall be suspended from service by law and deprived of his Total Salary during imprisonment, and the Director General may terminate his service if he is imprisoned for more than three (3) months.
c. An Employee convicted of a crime prejudicial to honour or honesty shall be dismissed from service with the Department.
Central Grievance Committee Article (205): An Employee may file an objection to the decision rendered by the Grievances and Complaints Committee with the Central Grievance Committee provided that the objection is submitted within a period not exceeding two (2) weeks from the date of the decision. Otherwise, the decision of the Grievances and Complaints Committee shall be deemed final. Reasons for Termination of Service Article (209)
The service of an Employee shall be terminated for any of the following reasons: 1. Pursuant to a decree issued by the Ruler; 2. If the Employee reaches the age of retirement;
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3. Resignation; 4. Medical unfitness; 5. Dismissal of the Employee due to unsatisfactory performance; 6. Dismissal or retirement of the Employee pursuant to a disciplinary decision, or
dismissal pursuant to a court decision; 7. Non-renewal of the employment contract or termination of the contract before
expiry of its term; 8. Retirement of a UAE National Employee or termination of service of an
expartriate Employee in accordance with approved restructuring plans; 9. Absence from work without valid reason for more than fifteen (15) consecutive
days or twenty one (21) non-consecutive days per Year; 10. Replacement of the expatriate Employee in accordance with the approved
Emiratisation and Employee replacement plans; 11. Death of the Employee.
Termination of Service Due to Lack of Professional Competence
Article (214):
a. If an expatriate Employee obtains a ‘Below Expectations’ rating at his annual
performance appraisal and fails to file an objection with the Grievance and Complaints Committee or his objection is dismissed, the Department shall terminate his service subject to serving a notice on him at least two (2) months prior to termination in cases of Employees of band 4 or above, one (1) month prior to termination in cases of Employees of band 3 or below, or else in accordance with the notice period stipulated by the employment contract, whichever is longer. Without prejudice to any other benefits to which the Employee is entitled, the Department may, in lieu of the notice period, pay the Employee Total Salary for a term equivalent to such notice period.
b. If a National Employee obtains a ‘Below Expectations’ rating at his annual performance appraisal, he shall be served a notice to improve his performance and a four-month remedial plan is implemented for him. If no improvement is noted during such period, the Employee may be transferred to another post with less responsibilities and lower grade but shall retain the Total Salary he used to receive before the transfer. Without prejudice to any other benefits to which the Employee is entitled, if an Employee obtains a ‘Below Expectations’ rating for two consecutive Years, the Department may terminate his service for lack of professional competence provided that it serves him a notice at least two (2) months before the date of termination of service or pay him the Total Salary for the notice period.
Non-Renewal or Termination of the Employee’s Contract
Article (216): a. Unless otherwise stipulated in the Employee’s contract, the Employee’s contract
shall be automatically renewed for a similar period on the same conditions agreed upon thereunder unless either party notifies the other in writing of its intention
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not to renew the contract at least two (2) months prior to expiry of the contract for Employees of band 4 and above, or one (1) month prior to expiry of the contract for Employees of band 3 and below.
b. The Department may terminate the Employee’s contract 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 else in accordance with the notice period stipulated by the employment contract, whichever is longer. Without prejudice to any other benefits payable to the Employee, the Department may, in lieu of the notice period, pay the Employee Total Salary for a term equivalent to such notice period.
c. In case the Department announces that it intends not to renew or to terminate the Employee’s contract prior to its expiry in accordance with Clause (a) and Clause (b) of this Article, its decision in this regard must be in the public interest and reasoned.
End of Service Gratuity
Article (220): a. With the exception of Employees who are entitled to a retirement pension or to an
end of service gratuity in accordance with the Federal Law No. (7) of 1999 Concerning Retirement Pensions and Social Security or pursuant to any other legislation, an Employee who has been issued initial approval to acquire the nationality of the State or granted a UAE passport shall, at the end of his service, be entitled to end of service gratuity as follows:
1. One and one half months Basic Salary per Year for the first five Years of
service; 2. Two months Basic Salary per Year for the following five Years of service; 3. Three months Basic Salary per Year for Years in excess of the above
mentioned periods. b. An expatriate Employee shall, upon end of his service, be entitled to an end of
service gratuity as follows: 1. One month Basic Salary per Year for the first five Years of service; 2. One and one half months Basic Salary per Year for the following five
Years of service; 3. Two months Basic Salary per Year for Years in excess of the above
mentioned periods. c. For the purposes of calculating the end of service gratuity, any part of the month
shall be considered as full month, and the calculation shall be on the basis of the last Basic Salary received by the Employee for a continuous period of service. Calculation of the end of service gratuity for the period before 31 July 2007 shall be based on the Basic Salary before placement in the Table in accordance with the provisions of this Law.
d. End of service gratuity for Employees who are issued a UAE passport during their term of service shall be calculated as stipulated in Clause (a) of this Article for the whole period of service including the period prior to obtaining a passport. In case an Employee acquires the nationality of the State, his end of service
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gratuity shall be calculated based on the last Basic Salary received on the date of acquiring the nationality.
e. For the purposes of this Article, leave taken by an Employee during his service at the Department and the notice period served shall be deemed as part of the actual period of service at the Department. Periods of absence from work without reason and unpaid leave shall not be deemed as part of the actual period of service of the Employee.
f. An Employee shall not be entitled to the end of service gratuity if his period of service with the Department is less than one (1) Year.
g. Upon end of service of the Employee, he shall be entitled to a cash payment in lieu of accrued leave not taken provided that such payment shall not exceed two (2) Years entitlement based on the last Basic Salary received by the Employee and that the Employee has passed the probation period and is confirmed in the post.
Appointment of Directors General Article (222):
a. A Director General shall be appointed pursuant to a decree issued by the Ruler. b. An executive director shall be appointed pursuant to a decision of the Chairman
of the Excutive Council. c. With the exception of the powers and competence vested in the Director General
as stipulated in this Law, the Director General shall be subject to special legislation approved by the Ruler concerning Directors General and executive directors, which shall be drafted and followed up for the purpose of updating by the Human Resources Department .
Executive Directors Article (223):
a. Executive directors of authorities and corporations, assistant and deputy Directors
General, executive directors of sectors affiliated with the Department and officers of similar posts shall be appointed to a financial grade known as the 'Executive Director Grade'. Such posts shall be evaluated based on the job evaluation system approved by the Government.
b. The Executive Director Grade shall comprise four categories with the salaries for the first point of grade and highest point of grade as follows:
Monthly Total Salary (in Dirhams) Category Salary of the First Point
of Grade Salary of the Highest
Point of Grade A 90,000 120,000 B 75,000 95,000 C 60,000 80,000 D 45,000 65,000
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Reviewing and Updating the Law Article (224): The Human Resources Department shall annually or as necessary review, re-assess and propose amendments to any provisions and Articles of this Law and any regulations and by-laws issued thereunder.
Functions of the Human Resources Department
Article (225):
In addition to the functions and powers vested in it pursuant to this Law, the Human Resources Department shall undertake the following duties: 1. Review suggestions and complaints received from Departments in relation to
human resources matters; 2. Coordinate with all local, regional and international human resources authorities
in relation to the best practices, benchmarking, seminars, workshops, consultations and similar activities;
3. Enhance and develop the performance of human resources posts of the Government and encourage communication and exchange of knowledge among the concerned Employees;
4. Plan and implement joint human resouces training programmes for the Departments;
5. Develop frameworks and applied patterns for human resources governance, including audit and review of the human resources activities;
6. Draft standard employment contracts provided for in this Law for UAE National and expatriate Employees.
Employees Issued an Initial Approval of a Naturalisation Application Article (226):
For the purposes of implementing this Law, an Employee issued an initial approval of his naturalisation application and granted a UAE passport shall be treated as a UAE National.
Issuing Regulations Article (227):
The Human Resources Department shall propose any regulations that will assist in developing the human resources of Departments and such regulations shall be approved by the Executive Council.
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Article (2)
This Law shall come into force on the day on which it is issued and shall be published in the Official Gazette.
Mohammed bin Rashid Al Maktoum Ruler of Dubai
Issued in Dubai on 15 June 2010 Corresponding to 3 Rajab 1431 AH
