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Human resources law
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Human resources law
1
Chapter 1: Name, Definitions and Regulatory Aspects
Article (1)
This law shall be named “Government Human Resources Law of Ras Al-Khaimah”.
Article (2) Definitions
In applying the provisions of this Law, the following words and phrases shall have the meanings unless the context implies otherwise:
Country:United Arab Emirates
Emirate: Ras Al-Khaimah
Ruler:HH the Ruler of Ras Al-Khaimah
Government: The government of Ras Al-Khaimah
Executive Council (EC): The Executive Council of the Emirate of Ras Al-Khaimah
Government Entity: Any government department, corporation or authority of Ras Al-Khaimah subject to this law
Chairman:The Chief Chairman of the government entity
Respective Authority: The organizational unit dealing with recruitment pursuant to provisions of this law
Department: Human Resource Department
Budget: The general budget of the government
Employee: Any person who occupies a budgeted job at any given administrative level or job degrees
Job budget: The budget allocated for jobs and degrees assigned to employees and their granted benefits
Human Resources unit: The organizational unit undertaking the responsibilities of Human Resources in a government department whether at the level of a department, section, unit, or branch
Organizational Unit: departments, sections and branches constituting the organizational structure of the concerned government entity
Total Salary: The basic salary plus any other allowances and increments granted to an employee
Scale: The scale of degrees, jobs salaries
Human Resources Committee: A committee to be formed within a government entity presided by the general manager of the entity or representative to look into all matters related to HR issues and affairs
Year:
Calendar year starting in January and ending in December.
Contractual year: The year starting as of the date of appointment of the employee and restart after 12 months have passed
Month:time unit equal to 30 days
Working day:
The official working day as prescribed in resolutions for implementing this law.
Regulations: The detailed explanatory and procedural regulations set by the specific department for the different aspects provided for in this law
Article (3) Applicability of the Law
This Law shall be applicable to all employees who receive their budgeted salaries as prescribed in the Budget. This law is not applicable on employees working for local entities whose laws provide for separate HR regulations, as well as the job degree categories whose affairs are subject to special employment regulations, in addition to employees working under contractual provisions and those who are exempted by a decree within the stipulated limits.
Article (4) Human Resource Department
The Civil Service Department shall be renamed “The Human Resource Department” and shall be vested with the general powers and responsibilities for supervision on the government department of human resources subject hereto.
The HRD shall be responsible particularly for carrying out the following tasks:
a. To study, suggest, review and update the legislations related to human resources management at government level.
b. To develop and issue executive rules, regulations and decisions that regulate human resources management in light of the applicable legislations and latest business developments.
c. To study and approve the proposed organization structures in coordination with relevant government entity assigned by the Ruler and/or the Executive Council.
d. To enable the government entity to improve the implementation of human resources related legislations and regulations.
e. To monitor the government entity's compliance with the provisions hereof and the implementation of the regulations hereof.
f. To approve different human resource procedures in accordance with the delegation of powers matrix issued by the Department in light of changes.
g. To review and approve the government entity's draft budget in respect to jobs and their number, degrees and type.
h. To review different salaries, compensations and benefits granted to employees, to conduct the necessary studies thereon in collaboration with the respective entity and to submit the relevant recommendations to the Executive Council.
j. To oversee planning, implementing, operating, maintaining and developing the government human resources electronic system.
k. To supervise planning and implementing new initiatives and services associated with the human resources management in collaboration with the relevant entity.
l. To improve the performance of Human Resources Units and coordinate with the government entity over the preparation of job development plans and programs.
m. To consider the objections to the decisions made by the Grievances Committee of the government entity in accordance with the controls laid down by the Department and within the limit of the provisions of this law.
n. To establish the government integrated work force database in particular and the Emirate in general in collaboration with the relevant entity.
o. To prepare studies and researches relating to human resources management and to produce statistical reports.
p. To represent the government in the area of human resources management at different councils, committees and boards.
q. Any other functions assigned by the Ruler and /or the Executive Council.
Article (5)
The Department may seek assistance of employees, specialists or advisors inside or outside the government in order to carry out its functions. Whoever may be assigned thereto will be entitled to examine papers and records and request information he may deem necessary to complete his assignment.
Article (6)
The Department shall submit to the Executive Council annual report containing its achievements, phases of progress in implementing the assignments, comments on public service affairs and future ideas on development.
Article (7) Human Resources Committee
1. A higher committee cited Human Resources Committee under the chairmanship of the General Manager or his authorized representative shall be formed at each government entity.
2. The committee shall consider and discuss all human resources issues included in this Law unless other specialized committees are indicated in specific issues as provided for herein, make the relevant recommendations written in minutes of meeting and have them approved by the General Manager.
Article (8) Human Resources Unit
The Human Resources Unit of a Government entity shall undertake the following tasks:
1. To carry out Human Resource Department tasks according to the provisions hereof and any implementing decisions or regulations hereof in accordance with the highest professional standards, fairness and efficiency in implementation.
2. To support other organizational units in connection with administrative and specialist issues relevant to Human Resources management.
3. To consult the Department on issues that may be encountered when enforcing the provisions of this law and the implementation decisions and regulations hereof.
4. To follow-up implementation of recommendations made by Human Resources in cooperation with the Department according to the delegated powers.
5. To participate in planning and implementation of programs and initiatives related to human resources management.
2
Chapter 2: Human Resources Planning, Attracting and Recruitment.
Article (9) Organizational Structure
Subject to the provisions of the special legislations, a government entity shall develop organizational structures comparable to its tasks, strategies and needs and submit the same to the Executive Council for approval upon the department's ratification.
Any amendment to the organization structure below sections level shall be approved by the Chairman or his authorized representative upon the Department's approval.
Article (10)
Government entity shall be responsible for organizational units' job design and descriptions stated in the organization structure in objectively and comprehensively manner focusing on key business objectives and operations subject to the description template specified by the Department where each job shall have an identification code to be referred to in respect to different job procedures.
Article (11) Job Description
Managers of organizational units assigned to coordinate with Human Resources Units must prepare their job descriptions. Job descriptions shall be updated in a continuously manner subject to changes and circumstances.
Organizational units must ensure that employees have obtained updated copies of their job descriptions clearly showing role objective, key roles and responsibilities and level of qualifications and professional competencies required.
Article (12) Manpower Budget
Every government entity shall be responsible for developing an integrated plan for human resources future needs in light of their strategic plans, organization structure, expected scope of work and internal job turnover plan.
Every government entity shall have within its general budget, an annual jobs budget reflecting human resources plan.
The jobs budget shall determine the minimum type and number of each job including cost center, organizational location and related financial entitlements.
The human resources budget shall be approved by the respective government entity upon the Department's approval.
Article (13)
The Director may make any adjustments in consultation with the Department to the approved annual human resources budget in terms of addition, deletion, merger or transfer financial allocations among these jobs provided that the adjustments fall within the approved budget limit.
The Director may in consultation with the Department reassess jobs, amend degrees or financial allocations thereof in light of criteria and conditions laid down by the department for such amendment.
Article (14) Types of Recruitment
Recruitment in government vacant jobs at each government entity shall be in accordance with any of the following types of contracts:
Full time contract.
Part time contract.
temporary contract
Special contract.
Non-UAE nationals employees may be appointed under a renewable time defined contract.
The Department shall lay down regulations for every type of the said contracts.
Article (15)
UAE nationals who receive a retirement pension paid by the Pension Authorities and Funds in the country, may be appointed to government jobs under full or part time contracts and reward system without being placed in financial degrees. The relevant rules and provisions shall apply to them to the extent that will not contradict with the provisions hereof.
Article (16)
Recruitment may be under a part time contract with a monthly lump sum salary comparable to the vacant job degree and number of working days or hours. Appointed employees shall be subject to special provisions to be specified by the Department in respect to extent and manner of their entitlements to other compensations and benefits.
Article (17)
Recruitment may be under a temporary contract with a monthly lump sum salary non-inclusive of any compensations and benefits prescribed for full time employees. Temporary employees shall be appointed under a contract with a limited period not exceeding six months extendable for further three months at the end of which employees may be appointed to permanent vacancies comparable to their qualifications and experiences.
Article (18)
Employees who possess outstanding experiences needed by the government entity may be appointed under special contracts to any senior vacancies at the level of advisor or expert. The same action may be taken for specialized professional vacancies at the level of specialist subject to the regulations issued by the Department in this regard.
Recruitment under this contract shall be in accordance with the regulations issued by the Executive Council in this regard upon a recommendation made by the Department.
Respective authority shall have the power to discuss and approve all job benefits and compensations specified in special contracts comparable to government entity’s needs without exceeding the maximum limit of such contracts upon approval of the Ruler or his authorized representative.
Article (19) Employment of People with Special Needs
Employment of UAE nationals with special needs shall be in positions appropriate to their physical needs and capabilities. They must be provided with the appropriate means to perform their duties and equip their workplace to suit their needs.
Article (20) Employment of Relatives
Relatives having matrimony relationship or kinship up to the second degree or affinity within the same immediate supervisory line relationship shall not be employed.
Employees at all managerial levels must not be involved or approve any decisions or recommendations in respect to employment, transfer, and promotion or performance assessment related to any such relatives. In this case, the matter must be disclosed and referred to higher authority.
A new, transferred, seconded or delegated employee must disclose in a transparently manner the relationship mentioned in Clause (1) in accordance with the regulations laid down by the Department.
Article (21) Reemployment of Dismissed Employees
Employees dismissed from service at a government entity may be reemployed at the same entity or any other government entity, if the dismissal was for reasons other than disciplinary or criminal, six months after ending his service. Employees must meet all conditions and requirements necessary for filling the vacancy and successfully pass the prescribed tests. The Department may exclude the condition of duration under specific regulations.
Article (22) Internal Reemployment
Employee appointed in a government entity and continues assuming his duties shall be given the opportunity for nomination to any vacancy whether he applied to that vacancy by himself or nominated by his immediate supervisor. In this case, the candidate will be subject to the procedures applicable to external candidates’ selection process.
Article (23) Employment Powers
Employment respective authority shall be as follows:
Firstly: Positions of special degrees shall be upon Emiri Decree by the Ruler to Heads of government entities and their deputies, Directors, Ruler's advisors and /or government advisors, and upon a decision made by the Executive Council to Deputies Directors of government entities and other remaining special positions.
Secondly: Positions of degree one and degree two shall be upon a decision made by the chairman or whomever he authorizes in consultation with the department
Thirdly: Positions of degree 3 to degree 14 shall be upon a decision made by the Director or his deputy in consultation with the Department.
Article (24)
UAE nationals must be given priority for employment in any vacancies with a government entity. Non-UAE nationals may be employed if necessary.
Article (25
Nobody shall undertake a formal job at a government entity unless the Department is consulted and the respective authority issues a decision of appointment. Employment shall be made only in a vacant and budgeted job.
Article (26)
As soon as appointed, employee shall be given first band payment of the degree to which he is appointed. Employee may be given a higher payment within the degree band according to the regulations determined by the Department if he has higher experience and qualifications.
Article (27)
Employment shall be in accordance with job degree and filling requirements specified in job description. A job degree may be amended to the extent that comparable to applicant's qualifications only in case of job reassessment. Appointment in a certain vacancy may not take place unless the minimum prescribed qualifications are met. The Department may exclude this condition in accordance with the regulations it lays down.
Article (28)
Recruitment to fill vacancies of degrees 1 to 14 shall be under internal and external announcement that includes job related information and employment conditions. Means of announcement must be diversified to include conventional and electronic means and modern methods of recruitment.
Article (29)
Government entity when recruiting employees to fill vacancies must use databases of UAE national job seekers in the department or other respective government entities.
Article (30)
Prerequisites and conditions for employment in Government jobs:
1. Must have education and/or working qualifications necessary for filling the vacancy.
2. Must successfully pass the prescribed tests, interviews and assessment systems.
3. Must be of a good conduct and behavior.
4. Must not have been sentenced to a freedom-restricting penalty for a crime or felony breaching honor or trust unless pardoned by respective authorities or rehabilitated according to the law.
5. Must not have been dismissed from service under a final ruling or disciplinary decision unless one year at least has passed since the dismissal decision was issued.
6. To disclose, in a transparently manner, the relationship mentioned in Clause (1) of Article (20).
7. Must not have been dismissed from service under a final ruling or disciplinary decision.
8. Must not be below 18 years old.
9. Must be medically fit.
10. Must have a legal status in respect to employment conforming to the applicable Residence and Foreigners Affairs Laws (non-UAE nationals).
Article (31) Academic Qualifications
1. Subject to the special employment requirements, a candidate seeking to fill a government vacancy must have the following minimum education qualifications:
Bachelor of Science or higher Diploma or equivalent in line with area of study and nature of job if employment in one of Degree 5 jobs and above.
Diploma or equivalent conforming to area of study and nature of job if employment in one of Degrees 6 to 7 jobs.
High school certificate or equivalent in line with nature of job if employment in one of Degree 8 to 9 jobs.
An intermediate school certificate if the employment in one of Degree 10 to 14 jobs.
2. Department may lay down a system for exception from employee's education qualification and job requirements subject to specific considerations and conditions.
Article (32)
Subject to the education certificates awarded by licensed and approved universities in the country, education certificates issued by universities outside the country shall be accredited by the respective government authority in the country.
Article (33) Job Offers
A government entity shall provide a job offer to the selected candidate including the following:
Job title and key roles and responsibilities.
Type of employment contract and job degree.
Total salary or compensation details.
Leave entitlements.
Job benefits.
Working days and hours and date required for joining the work.
Place of work.
The offer should state that the remaining employment conditions and requirements shall be in accordance with this law and the department's policies and procedures.
Article (34)
Every candidate selected to fill any vacancy must agree, in writing, on the job offer and specify the anticipated date of joining prior to pre-actual work commencement stage.
Article (35)
Job offer shall be invalid in any of the following events:
1. Candidate is medically unfit under a medical certificate.
2. Candidate failed to obtain Police Clearance Certificate from the respective entity inside or outside the country.
3. Appointment to the job and issuance of candidate's employment consent is rejected by the respective entity.
4. Education certificate has not been accredited by the respective government authority if issued outside the country.
Article (36)
A candidate who obtains a job offer must start the work within the period specified in the job offer, provided that not exceeding three months; otherwise, the offer shall be invalid.
Article (37) Probationary Period
1. Employee appointed in a government entity shall be subject to a three-month probationary period to be extendable for a similar period after which his performance will be assessed by the immediate supervisor according to clear rules specified by the Department. In light of assessment results, employee will either be confirmed or dismissed.
2. Date of confirmation shall be the formal date of appointment for employees appointed in degrees 1 to 10 whose work experience is less than one year.
3. Official holidays and work breakoff periods during probationary period shall not enter in counting the required period and will be extended by number of days thereof.
4. Employee's service may be ended during probationary period if proved unfit to carry out job duties or by reason of unsatisfactory performance or inability to respond to training requirements upon a decision made by the respective authority, provided that employee is given a 5 business day notice.
5. Employee may resign from his job during probationary period upon giving the respective entity a notice of a similar period excluding special contracts employees whose contracts provide for different notice periods.
6. Employee shall be subject to new probationary period in the following events:
Reemployment after leaving service for no less than one year.
Internal reemployment.
Failure to complete or pass previous probationary periods.
7. Resigned non-UAE national employee must, during probationary period, refund all recruitment expenses, if any. The Chairman or his authorized representative may, however, release the employee from such expenses in part or in full if a valid acceptable excuse for resignation is provided.
8. Employee, prior to commencement of his duties, shall sign an ethical work charter to be determined by the Department.
3
Chapter 3: Salaries, Increments, Allowances, Rewards
Article (38) Degrees, Salaries and Allowances Scale
يكون لجميع الجهات الحكومية جدول درجات ورواتب موحد يصدر بقرار من المجلس التنفيذي بناءً على اقتراح الدائرة وفقاً للأسس التالية:
تقسيم الوظائف إلى درجات مالية ومجموعات وظيفية نوعية ومسارات أفقية ورأسية.
يحدد لكل وظيفة الدرجة المقررة لها ويكون تحديد الدرجة مرتبطاً بالوظيفة وفقاً لنظام تقييم وتوصيف الوظائف الذي تعتمده الدائرة.
يجوز بناءً على اقتراح الجهة الحكومية وموافقة الدائرة واعتماد المجلس التنفيذي تطبيق جداول خاصة لبعض الجهات الحكومية أو الفئات المهنية وفقاً لظروف ومتغيرات سوق العمل.
Article (39)
1. Employee will be entitled to general allowances within the total salary as follows:
a. Social allowance given to UAE national employees.
b. Children allowance for every newborn baby given to UAE national employees according to the following conditions:
(1) Payment of children allowance shall cease to be valid whenever they reach 23 years of age or from the date on which they get a job, whichever is nearest. Children unable to make money are excluded as substantiated upon a decision made by the respective medical committee.
(2) Payment of daughter allowance shall discontinue whenever she get married or get a job. The allowance shall be returned if daughters are divorced, widowed or left their work.
(3) If an employee is a widow not receiving a deceased husband's pension payment, husband is unable to make money or a divorcee of such husband and provides for her children, she will be entitled to allowance for her children who hold UAE nationality.
c. Cost of living allowance.
d. Supplementary allowance as decided by the Executive Council.
2. Values and percentages of these allowances shall be determined as contained in salaries scale.
Article (40)
1. Employee will be entitled to special allowances added to total salary as follows:
Professional allowance for some job categories based on government entity's proposal, recommendation by the department and the Executive Council's approval.
Post graduate studies certificate at AED 1000 for Master degree or equivalent and AED 2000 for Ph.D. degree or equivalent subject to the following conditions:
Study must be in conformity with employee's nature of work.
Degree is accredited by the respective entity in the country.
Post graduate certificate must not be one of the prerequisites for filling the job.
2. Chairman of the Executive Council may grant employee a special or exceptional allowance according to the regulations made by the Department.
Article (41)
1. Employee will be entitled to general allowances within his total salary as follows:
a. Housing allowance as follows:
If no accommodation is allocated by the government entity.
If both husband and wife are working for RAK Government, each one will be given a single category housing allowance.
b. Transport allowance provided that no means of transport is allocated by the government entity for the employee.
2. Values and rates of these allowances shall be determined as stated in salaries scale.
Article (42)
1. Employee will be entitled to special allowances to meet the needs and expenses necessary for completing job duties and use of required means.
2. Type, value and conditions of allowances entitlement and payment mechanism shall be determined based on government entity's proposal, a recommendation made by the Department and the Executive Council’s approval.
Article (43)
Any allowances, benefits or compensations shall be determined upon a decision made by the Executive Council based on a recommendation made by the Department in coordination with the respective entity.
Article (44) Performance Assessment
1. Jobs of government entity shall be assessed through a management system issued by the Department to determine job comparative value. The assessment constitutes the basis on which different job categories and degrees shall be determined in a manner reflecting job requirements, as well as the required qualifications, capabilities and experience.
2. Human resources unit at each government entity is responsible for conducting initial assessment in consultation with the relevant organizational unit. A decision approving final assessment shall be made by the Department.
Article (45) Degrees and Salaries Scale Amendment
The Department shall take on the proposed degrees and salaries scale amendment based on recommendations made by government entities, labor market study results, strategic and organizational considerations and government excellence.
Article (46) UAE Nationals Pension
1. UAE nationals placed in financial degrees shall be enrolled in compulsory pension scheme applicable to the pension and retirement respective entity in the country.
2. Insured employee's monthly contributions shall be deducted in order to be transferred to the Pension and retirement respective entity in accordance with the legislations issued in this regard.
Article (47) Rewards Calculation
General reward for employees who are not placed in financial degrees and not subject to special contracts shall be determined based on the corresponding job degree basic salary. Additional base points may be calculated according to the regulations determined by the department in this regard.
4
Chapter 4: Transfer, Delegation, Secondment
Article (48) Transfer
1. Employee may be transferred upon a decision made by the respective authority after notifying the Department of any other vacancy of equal financial degree within the government entity. The transferred employee must meet the conditions of filling the other vacancy.
2. Transfer between government entities may be on the same conditions subject to the respective authority's approval at both entities and the Department's opinion.
Article (49)
A transfer between a government entity and another will require a vacancy. The financial degree will be transferred from the entity to which the employee is transferred subject to the regulations determined by the department.
Article (50)
The government entity to which the employee is transferred shall bear any differences, if any, in monthly contribution of the retirement system applicable to pension and retirement respective authority.
(Article 51)
Employee may be transferred upon a decision made by the respective entity to any of the government authorities and corporations. The employee's total salary will not be reduced unless he agrees in writing.
Article (52) Delegation inside the Government Entity
Employee may be assigned upon a decision made by the respective authority to carry out duties of a vacancy or in absence of its incumbent for a period not exceeding six months to be extendable for further six months. The vacancy to which employee is assigned must be equivalent to employee's job degree or higher by maximum two degrees. Upon the expiry of assignment period, employee may be transferred or promoted to the job to which he is assigned according to the provisions of transfer and promotion provided for herein.
Article (53)
1. Employee may not be assigned to carry out the duties of more than one job in addition to his original job.
2. Conditions for competency and capability must be met upon assignment to another vacancy.
Article (54)
1. Employee will be granted assignment allowance as of the date on which he undertakes the duties of assignment equal to 25% of first point payment of the job to which he is assigned only in cases where assignment period will not be less than three months.
2. Assignment of employee to carry out duties of a vacancy to which he is assigned only without his current job duties shall be considered as official assignment to develop his performance, provided that he will not be entitled to assignment allowance specified in Clause (1) of this Article.
Article (55) Secondment
1. Employee may be seconded upon a decision made by the respective authority to any local or Federal government or private entity in other emirates inside the country for a period not exceeding one year to be extendable after which employee will be returned to the sending entity or transferred to the receiving entity.
2. Employee may be seconded upon a decision made by the Executive Council to any Arab or international governments or authorities and organizations for a period not exceeding one year to be extendable. In all cases, employee's written consent to Secondment or extension will be required.
3. Seconded employee shall receive his total salary, leaves and other entitlements from the receiving entity. The Executive Council may exclude this condition or grant employee specific financial benefits if necessary. In all cases, a seconded employee shall not be entitled to any leaves from the original government entity to which he belongs.
4. Secondment duration shall be considered as a part of employee's period of service. The receiving entity shall bear monthly retirement contributions. Employee's performance will be assessed in coordination with the receiving entity.
5. Government entity shall have the right to fill any job that becomes vacant due to Secondment. Upon employee's return from Secondment, government entity should either reinstate employee to his original position or appoint him in another job equal to or higher than the old one if appointment conditions are met.
6. Partial Secondment entitlements shall be paid as follows:
In case of secondment to government entities inside the Emirate for a period exceeding three months, the sending entity shall bear payment of total salary whilst the receiving one shall bear payment of secondment allowance in the category of assignment allowance.
In case of Secondment to government entities inside the Emirate for a period exceeding three months, payment of total salary will be shared on a pro-rata basis and the receiving entity will bear payment of secondment allowance within the rate prescribed.
In case of secondment to any federal or local government or private entity in other emirates inside the country, the receiving entity will bear payment of total salary, allowances and benefits it determines.
Article (56) Overtime
1. Employees other than supporting jobs categories who work according to official working hours schedule shall be entitled to a rest hours allowance as a compensation against any duties they perform beyond official working hours and exceeding the prescribed official working hours excluding employees assuming supervisory and senior positions.
2. Employees working on a shift system basis shall be entitled to rest hours allowance as a compensation for extra working hours after the end of the approved shift hours.
3. Employee shall have the right to use the entitled rest hours during one year as of their due date according to the compensation scale laid down by the government entity. These days may not be added to employees' accumulated annual leave balance.
4. Department may exclude some job categories from the foregoing provisions according to the regulation it determines.
5. Employees assuming supporting jobs shall be compensated for extra working hours at 1.25% of basic salary to the extent that total monthly compensation will not exceed 50% of basic salary.
6. Employees may be assigned to official working hours during leaves, official holidays and at extraordinary working times for the purpose of serving the populace or participating in occasions. Compensation percentage will be 1.75% of basic salary provided that will not exceed 7 hours on a day. Upon the Department's approval, the maximum limit may be increased to 10 hours when necessary.
5
Chapter 5: Performance and Rewards
Article (57) Performance Management
1. Employee's performance shall be assessed in accordance with a performance management system issued by the Department based on defined rules and objectives.
2. Human Resources Committee shall review and ratify employees' annual performance assessment plans and results, approve list of those scoring exceptional rates and consider cases of poor performance and grievances related to performance reports.
Article (58) Employee's performance and rewards
1. Employee's performance shall be assessed on a periodical basis by the direct supervisor. Employee must be involved in setting objectives, reviewing his own performance and defining appropriate job development plans. The final assessment shall be approved by the General Manager.
2. Employee's annual assessment will affect employee's entitlements related to annual allowances, promotions, rewards and eligibility to continue in service.
3. Employee's actual period of service shall be considered when annual assessment is conducted. The assessment period should not be less than six business months during a year so as to enforce the entitlements stated in the previous Clause without prejudice to eligibility to continue in service.
4. Subject to the assessment conducted by the immediate supervisor, the department may apply a multi-source assessment system to some job categories according to the criteria and rates determined by the department that will not exceed 50% of assessment grand total.
Article (59) Annual Allowance
1. Employee is entitled to annual allowance in January each year be added to the basic salary subject to his annual performance assessment.
2. Entitlement to the first allowance will be after six months at least of the appointment date where allowance will be paid on a pro-rata basis along with employees' period of service who have not completed one year in service.
3. Employee shall be entitled to annual allowance on the condition that his actual period of service is not less than six months upon which allowance will be given to the extent comparable to the actual period of service.
4. The maximum limit of annual allowance payment is the last point payment of job degree. In the event that the maximum limit is reached, an annual reward in the category of annual allowance may be paid subject to availability of adequate financial resources. The annual reward shall not be added to the basic salary but renewed annually according to the job performance rating.
5. Employee shall not be entitled to annual allowance unless successfully completes the defined probationary period.
6. Employee's performance level should not be less than average level in the performance assessment system for allowance entitlement. The department shall determine a definition for the average level.
Article (60) Monetary Reward
Employee may be granted, upon a decision made by the chairman or his authorized representative, a monetary reward according to specific achievements, contributions or areas of excellence contributing to his government entity's performance development. The department shall issue a reward allocation system.
Article (61) Excellence Reward
Employee shall be granted an annual excellence reward that will not be added to basic salary in accordance with the requirements and conditions specified in the performance management system and in light of the individual and corporate performance indicators.
Article (62) Other Rewards
A government entity may use patterns of non-monetary rewards for rewarding a distinguished employee by awarding him any excellence certificate or a nomination to compete for the approved excellence awards in the Country or the Emirate.
6
Chapter 6: Promotions
Article (63)
1. Employee may be promoted according to one of the following methods:
Job promotion.
Financial promotion.
Change of status promotion
2. All promotions are subject to the respective authority in consultation with the department upon fulfillment of the conditions and criteria stated in the provisions of this Law and the regulations made by the department.
Article (64) Degree Promotion
1. Job promotions to higher positions shall be as follows:
Promotion to a vacant position.
Promotion to a created position.
Promotion to a restructured position.
2. Employee shall be promoted to one degree and granted first point payment of the degree to which he is promoted or given a financial promotion equal to 10% of the basic salary at the time of promotion, whichever is higher.
3. Promotion to supervisory or higher managerial positions require possession of supervisory and leadership capabilities and competencies, completion of a development program and compliance with a managerial competencies and merits assessment system to be determined by the department to ensure proper qualification.
4. Employee nominated for a promotion to supervisory and managerial positions shall undergo a probationary period and development assignments for a period to be determined by the department in light of which employee's performance will be assessed provided that a rating not less than the highest two levels in performance assessment system should be obtained.
Article (65) Financial Promotion
The respective authority, upon an approval made by the department, may grant the employee a financial promotion at the same job degree at 10% of the basic salary not exceeding the last band of the degree. Upon giving financial promotion, the other promotions of any kind whatsoever may not be granted unless the period required for staying in the position is completed.
Article (66) Exceptional Promotions
1. Employee may be promoted exceptionally in cases that determined by the department irrespective to the minimum stay in the degree, to a position higher by two degrees as maximum in case of job promotion or 25% of basic salary in case of financial promotion. Employee may not be promoted exceptionally unless at least four years have passed since the previous promotion was granted.
2. Employees listed in supervisory and leadership paths program shall be subject to exceptional promotion system according to the conditions determined by the department.
3. Employees listed in specialized professional path shall be subject to exceptional promotion system according to the conditions determined by the department.
4. Employees listed in special skills path program shall be subject to exceptional promotion system according to the conditions determined by the department.
Article (67) Employee's status promotion
Employee's status may be changed by promotion to higher degree regardless of the duration spent in the position if employee undertakes activities and responsibilities greater than the degree to which he is appointed as compared to similar positions and has the necessary capabilities and experiences. In this case, the job status must be changed without creating any position due to the same.
Article (68) Promotion General Provisions
The following rules and provisions shall be considered when different types of promotion are granted:
1. A performance rating no less than two higher levels in the performance assessment system must have been obtained over the last two years.
2. The minimum stay in a job degree must be completed when cases of promotions are considered.
3. Professional competencies and capabilities necessary for filling the vacancy to which employee is promoted must be met along with completing all assessment systems for which they are established.
4. Order of seniority shall not be taken into account unless the performance assessment level becomes equal.
5. Combination between two types of promotions is impermissible in one contractual year.
6. Issuance of a promotion decision made by the respective authority in consultation with the department.
7. No retroactive promotion shall be granted.
8. Successful completion of training and development programs, if any.
9. Compliance with promotion dedicated percentage as determined by the department.
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Chapter 7: Training and Development
Article (69)
All government entities are committed to provide their employees with appropriate development and training opportunities in order to develop and enhance their capabilities in the current positions or enable them to undertake new responsibilities that support future needs and objectives.
Article (70) Training and Development Needs Analysis
The Human Resources Unit shall be responsible for analyzing training needs in coordination with relevant organizational units and their employees in order to:
1. Identify capabilities and competencies required from employees at all levels to achieve government entity's objectives.
2. Identify the level of skills or knowledge necessary for enabling employee to develop his performance.
3. Identify skills and competencies required at the next level of career path and to prepare employee to assume higher future duties.
Article (71) Annual Training and development Plan
In light of training needs analysis results, the Human Resources Unit shall develop an annual training and development plan with a proposed implementation budget in coordination with different organizational units.
Article (72) Training Assessment
1. Prior to commencement of training, immediate supervisors must agree with their employees on training objectives, nature of skills and knowledge expected to be gained from the anticipated level of application.
2. Human Resources Unit shall undertake a comprehensive training evaluation in coordination with relevant organizational units.
3. Human Resources Unit shall continuously collect all information necessary for evaluating all aspects of training and calculate return on training investment.
Article (73) Training Plan Amendment
Based on a proposal made by Human Resources Unit, the General Manager may amend the annual training and development plan at any time for any operational or budgetary reasons in coordination with relevant organizational units.
Article (74) Scholarships
A government entity may sponsor UAE national secondary school graduates or undergraduates according to the approved regulations for such purpose, to study some vocational and technical specializations related to nature of the government entity's work. It may also send some employees to complete their postgraduate studies in coordination with the relevant government entity.
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Chapter 8: Official and Training Assignments
Article (75)
A government entity may delegate employee to travel for performing any official assignment or for participating in training programs inside or outside the Country.
Employee shall be delegated to travel for performing official assignment or training inside or outside the Country upon a decision made by the respective authority identifying nature, objectives, duration and destination of assignment.
The delegation allowances and flight ticket classes to travel for official assignment or training shall be determined according to the regulation proposed by the department.
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Chapter 9: Work Hours and Official Holidays
Article (106)
Employee's study leave shall be terminated by the respective authority based on a recommendation made by Human Resources Committee in any of the following events:
1. Withdrawing, failure to attend or remain absent from the study for three consecutive months.
2. Failure for two consecutive years in the annual study system or inability to successfully complete the minimum accredited hours in two or three separate semesters within the study system based on the accredited hours.
3. Changing the scientific specialization for which the leave has been granted, the institute or the country of study without a prior consent from the government entity.
4. Obtaining a comprehensive scholarship from any other government entity whether within or outside the country without a prior consent from the government entity.
5. Conducting any disgraceful act or behavior or doing any act abusing the country’s reputation or convicted with committing any activity breaching the applicable laws in the country of study.
Article (107)
Employee shall be obliged to refund all charges and expenses incurred by the government entity through the duration of their study except for two third of salary in the event that the study is terminated in accordance with the reasons mentioned in the previous Article, as well as in case of incompliance with the duration referred to in Clause (e) of Article (104) for resignation or disciplinary penalty reasons.
Article (108)
1. Employees enrolled in a distant learning program inside or outside the country recognized by the respective authority in the country or enrolled in regular evening classes at an accredited university, institute or schools inside the country may be granted a fully paid leave in order to perform quarterly and annual examinations. The duration shall be determined according to the approved examination program. Employees may also be granted extra leave prior to examinations starting date for no longer than three days if examinations are performed inside the country and not exceeding five days if the examination are performed outside the country, provided that total leaves should not exceed 20 working days in a year.
2. Employees may be granted a short study permission for one hour and half daily to attend classes in any approved study program until such program is completed.
3. Employees who are enrolled in a part time educational program shall be granted a study leave not exceeding two months in a year. Such leave will be subject to all terms and conditions governing full time study leave and any other regulations made by the department.
Article (109) Unpaid Leave
Employees upon a decision made by the respective authority may be granted an unpaid leave for no more than 30 days in a year if they have serious reasons that require granting this leave, provided that all their annual leaves must have been used.
Retirement contributions or end of service compensation shall not be considered as a part of unpaid leave.
Article (110) Leaves General Provisions
Employee who discontinues his work or reports his return to office after the end of his leave for a period exceeding 10 working days shall be deemed to be resigned by virtue of law as of the date of discontinuation or end of leave. The respective authority may not consider the employee as resigned if reasonable reasons justifying his discontinuation are given. The period of discontinuation shall be deducted from the remaining entitled leave balance otherwise will be regarded as unpaid.
Employee who fails to report his return to office for unacceptable reasons within 10 working days after the end of his leave shall be referred to the Administrative Violations Committee to consider his case and decide upon the appropriate disciplinary penalty.
Article (111)
Employee shall not be entitled during probationary period to any paid leave except for companionate leave, sick leave or maternity leave. The probationary period should be extended to a period equivalent to the number of days of that leave.
Article (76) working days and hours
Government working days and hours shall be determined upon a decision made by the Executive Council and based on a proposal made by the department.
Article (77) Official Holidays
Government official holidays shall be determined according to the Federal government entity's decisions. The department shall make the announcement of such holidays taking into consideration the special working hours applicable to some government entities.
Article (78) Leave Types
Leaves that may be granted to employee in accordance with the provisions hereof shall be as follows:
Annual leave.
Sick leave.
Maternity leave.
Paternity leave.
Compassionate/Idda leave.
Hajj leave.
Exceptional leave.
Study leave.
Unpaid leave.
2. Employee may break off away from work only within the limits of the authorized leaves.
Article (79) Annual Leaves
Employee appointed to a permanent job shall be eligible for a paid annual leave every contractual year as follows:
(30) Working days for special degrees.
(25) working days for degrees 1- 10
(22) working days for degrees 11-14
المادة (80)Article (80)
Government entity annual leaves plan shall be approved by the General Manager at the beginning of each year. Employee shall apply for annual leave in writing or electronically and shall be authorized upon the immediate supervisor's approval.
Article (81)
Calculation of retirement contributions and end of service compensation shall continue for the approved annual leave.
Article (82)
Employee may take an annual leave altogether or divide it into separate periods according to the conditions made by the department. Employee may also combine between annual leave and any other leave for which is eligible according to the conditions provided for herein.
Article (83)
Except for leaves and public official holidays, sick and personal leaves, which occur during annual leaves are regarded as a part of theses annual leaves.
المادة (84)
يكون صرف مستحقات الإجازة السنوية وفقاً لدورة الرواتب الشهرية الاعتيادية.
Article (85)
Employee may not be granted annual leave before a successful completion of the probationary period with reserving the right to the leave for that period in case of being confirmed.
Article (86)
Employee must take his annual leave within the year in which he is entitled in order to strike the balance between private life and work. If employee is unable to take this leave due to work requirements, half of entitled leave must be utilized.
Employee may not maintain a leave balance exceeding two years entitlements.
The maximum limit of annual leave granted to employee during a contractual year shall be two months.
Cash allowance in consideration of unutilized leave shall not be paid.
Article (87)
Employees appointed under special contracts are eligible for annual leave as provided for in their employment contracts.
Part-time appointed employees shall be eligible for annual leave calculated based on working hours.
Article (88)
The respective authority may call up employee from his authorized leave to return to work before its duration completes if the work interest requires so. In this case, the remaining period shall be credited to employee's leave balance.
Employee may, after starting his leave and in special cases approved by the immediate supervisor, request for ceasing his leave and returning to work. The remaining period must be credited to his leave balance subject to the provisions of leave balance retention.
Article (89)
Employee shall not be entitled to any annual leave balance for the following durations:
Duration of study or educational mission leave.
Unpaid duration of employee's break off from work.
Duration of employee's imprisonment in pursuance of a judgment rendered by a respective court against him in cases where end of service cannot be legally decided.
Duration of placing employee under probationary period if found to be unfit upon expiry of that period.
Duration of secondment if the decision of secondment provides that the receiving entity will bear employee's leaves.
Article (90) Sick Leaves
1. A short sick leave shall be authorized to employee for a fully paid period not exceeding five consecutive business days in one time, and up to maximum fifteen business days in a year and for a similar unpaid period under a medical report from approved official medical authority.
2. Employee shall be eligible for a moderate sick leave exceeding five consecutive working days in a year up to maximum two months extendable for a similar fully paid period subject to a medical report from the respective medical committee.
3. If employee's health status exceeds a period of four months, the medical committee must re-checkup employee to determine the extent of fitness to continue in his job.
4. Employee must inform his government entity of the sick leave as soon as granted.
5. Calculation of retirement contributions and end of service compensation shall continue for the approved sick leave.
Article (91)
The medical committee may grant an employee afflicted with an infectious disease even not preventing him from performing his duty, a sick leave until a report on his full recovery is issued. The committee must inform the entity to which the employee belongs that he should not be permitted to resume his job throughout this period.
Article (92)
If the sickness is as a result of a work-related injury, sick leave will be for a fully paid period not exceeding one year. If the sickness continues for more than that period, employee's services will be ended on medical grounds in case of non-UAE national employees. For UAE nationals, the employee will be referred to the respective medical committee to consider his health status and extension of the sick leave for further fully paid six months or recommend for service end on medical grounds without prejudice to the rules governing the established work-related injuries and compensations in this regard.
المادة (93)
إذا كان المرض ناتجاً عن إصابة عمل فتكون الإجازة المرضية لمدة لا تتجاوز سنة واحدة براتب إجمالي، وإذا استمر مرض الموظف لأكثر من ذلك فإنه تنهى خدماته لعدم اللياقة الصحية إذا كان من غير المواطنين، أما إذا كان مواطناً فيعرض على اللجنة الطبية المختصة لدراسة وضعه الصحي والنظر في إمكانية تمديد الإجازة المرضية لمدة ستة أشهر إضافية براتب إجمالي أو التوصية بإنهاء خدماته لعدم اللياقة الصحية، وذلك دون الإخلال بالقواعد المنظمة لإصابات العمل والتعويضات المقررة في هذا الشأن.
Article (94)
For the purpose of applying the provisions of this law, work-related injury means any injury occurs as a result of incident during work or due to it including occupational diseases. Death resulting from stress or fatigue due to work shall be regarded as a work-related injury whenever supported by the following:
A medical report from the medical committee at the Pension Respective entity in the country for UAE national employees registered in pension scheme.
A medical report from the medical committee stated herein for the other employees.
Article (95) Maternity Leave
1. Permanent female employee shall be granted a fully paid 60-day maternity leave, which may be combined with annual leave or unpaid leave up to maximum 60 days from the starting date of maternity leave.
2. Pregnant female employee may take maternity leave up to one month prior to the expected date of delivery.
3. Female employee shall be authorized after the end of the maternity leave and for a period of four months of her return to work to leave her workplace for two hours daily during official working hours for the purposes of feeding her infant. These two hours shall be considered as a part of the paid working hours.
4. Weekends, official holidays and sick leaves occurring during maternity leave will be considered as a part of maternity leave duration while weekends and official holidays occurring at the beginning or end of maternity leave will not be considered as a part of maternity leave duration.
5. Retirement contributions, end of service compensation and leave entitlements shall be calculated for the period of maternity leave.
Article (96) Paternity Leave
Male employee having a newborn baby inside the country shall be granted a fully paid three-day paternity leave from delivery date of an alive baby.
Article (97) Compassionate Leave
Employee shall be granted a fully paid five-day leave in the event of death of a first-degree relative. In case of death of a second-degree relative, employee will be granted a fully paid three-day leave. Official leaves and holidays will be considered as a part of this duration.
2. Compassionate leave may be combined with annual leave or with any other leave. If compassionate leave occurs during annual leave, it will be included in its duration.
Article (98) Iddah Leave
1. Muslim female employee will be granted Iddah leave of 4 months and 10 days in the event of her husband's death.
2. Retirement contributions, end of service compensation and annual leave shall continue during the approved Iddah leave period.
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Chapter 10: Corporate Culture
Article (113) Work Relations
The government entity must create a work environment through which government and employees' objectives can be achieved. The working environment must be featured by the following:
1. Motivating employees to submit distinguished and innovative suggestions and ideas with providing various opportunities for the same.
2. Providing equal opportunities for improving and developing employees in a continuous consultation with them.
3. being fair and based on humanitarian and ethical considerations.
4. Taking into consideration cultural diversity and employees' individual differences.
5. Providing suitable environment for occupational health.
6. Featured by transparency, communication and provision of information about all work aspects.
7. Focusing on results and earnest productive work.
8. Seeking to gain highest levels of clients' satisfaction.
Article (114) Employees' Behavioral Obligations
Employees must behave properly in conformity with government jobs approved code of conduct. In particular, employees shall:
1. Respect laws, rules and regulations relevant to performance of job responsibilities and duties.
2. Perform all works being assigned and any other extra works that fall within the scope of competence in accurate, attentive and integrant manner whereby his government entity's objectives and interests can be achieved.
3. Carry out job duties in a good faith dispossessed from bad faith, negligence, and violation of law or causing harm to public interest.
4. Deliver distinguished services to all customers in a prudently manner featured by intimacy and inclination towards assistance.
5. Act in a way that will preserve the country and government's reputation in general and his entity in particular.
6. Adhere to highest ethical standards in terms of behavior and conduct.
7. Respect workplace colleagues' rights and duties and treat them in a tact manner.
8. Use public properties as whatsoever honesty, keenness and avoidance of wastage may dictate.
9. Not utilize the information obtained in the course of performance of job duties.
The department shall issue the appropriate job alliance charter containing these rules and goals to which it seeks. Acknowledgement of having sighted this charter shall be considered a signature and commitment to its contents.
Article (115) Compliance with Applicable Legislations
1. Employees shall comply with the country and government applicable legislations.
2. Every employee commits a violation to the work laws or regulations shall be punished in accordance with the administrative penalties provided for in this Law without prejudice to any procedures or penalties contained in any other legislations.
3. Employee is prohibited from abusing his position or relations established while performing his duties so as to influence or intervene inappropriately in actions being taken by respective investigation entities whether inside or outside the government.
Article (116) Disclosure of Information
1. Employee is prohibited during or at the end of service with his government entity from disclosing or divulging any confidential information whether written, electronic, verbal or in any form whatsoever unless a prior written consent is obtained either related to his government entity or any other entity.
2. Employee should not, upon termination of his service with a government entity for reasons whatsoever, damage any work-related documents. Employee must hand over to the government entity whatsoever in his possession including all documents, files, materials, tapes, discs, programs and any property belongs to his government entity or any of the other government entities whether or not containing confidential information.
Article (117) Customer Service
Customer Service
The government entity and other entities governed by the provisions of this Law must serve customers according to the best standards and procedures in an effective professional manner that meet their expectations by making distinguished relations with them. In order to achieve this, employee must:
1. Not involve in any promoting activity related to customers and remain impartial in dealing with them.
2. Refuse any attempt by any customer offering inducements or other personal benefits in exchange for special treatment; and in all case, report such attempts to the respective authorities of the government entity.
Article (118) Gifts and Bribes
1. Employee is prohibited from accepting gifts unless advertising or symbolic promotional gift bearing the name and logo of the entity that offer them. The government entity must identify the organizational unit permitted to accept gifts on its behalf so as to distribute them in accordance with its regulations and criteria.
2. Gifts may be given and distributed only in the name of the government entity and by the organizational unit which approves them.
3. Subject to the provisions of applicable legislations in the country and government, employee is strictly prohibited from accepting, taking, offering or demanding bribes.
4. For the purposes of this Law, bribe means offering any sum of money, certain service or anything of material or moral value to any government employee in order to pervert the course of business by taking any action that may:
Expedite any work which the employee by virtue of his job is required to perform.
Lead to employee's abstention from performing a duty assigned to him.
Lead to employee's mediation with another employee to finalize a transaction or to take an action in contravention of the applicable legislations.
5. In all cases, investigation must be initiated into all suspected or reported bribe cases. If it was proved by the result of investigation or in case there were strong indications that the employee had demanded, accepted, received or paid to another employee any bribe, he would be referred to the respective judicial entity without prejudice to its right to take disciplinary actions related to the violations against the offending employee in accordance with the procedures and regulations provided for herein and the implementing regulations hereof.
Article (119) Conflict of Interests
Employee must avoid, while carrying out his job duties, any conflict of interest between his private activities, and the country and government interests and operations. Employee shall not place himself in any position where allegations of conflict of interests can be raised. In particular, employee must avoid the following:
1. Involvement in any official process or decision that will directly or indirectly affect the success of a contractor or supplier being a relative up to the 4th degree.
2. Participation in any decision that may result in granting any benefits, lands, licenses or jobs to any of his relatives up to the 4th degree.
3. Involvement in any official process or decision that will directly or indirectly affect the success of a supplier, contractor or project in which the employee is a partner in any way whatsoever leading to acquisition of direct or indirect percentage, share or material benefit.
4. Abuse of his position or leakage of information obtained by virtue of his job so as to achieve specific goals or to obtain a special service or treatment from any entity whatsoever.
Article (120) Working for Third Parties and Ownership of Shares in Companies
1. Non-UAE national employees are strictly prohibited from paid or unpaid work with third parties without a prior written approval by their government entity.
2. Non-UAE national employees are strictly prohibited from ownership of shares in any private establishment or a company except for public joint stock companies, without a prior approval by his government entity.
3. UAE national employees are permitted to own any share in any private company or establishment, to manage these companies or establishments or to work for third parties on paid or unpaid basis.
In all case, employees seeking to work for third parties or to own shares in private companies or establishments are required to fulfill the following conditions:
Work must be outside the official working hours.
Such work or ownership should not negatively affect employee's job duties and responsibilities or unfavorably reflected on government entity's status.
Work should be related or connected in any way whatsoever to employee's official position and affect it or be affected by it.
Article (121) Maintenance of Public Properties
Employees must maintain buildings, vehicles, systems, equipment and others owned by government entity and should use them for the purposes of work and in accordance with the applicable laws and regulations.
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Chapter 11: Occupational Health
Article (122) Health, Safety and Environment Policy
1. Employees must comply with the approved environment policies and regulations in order to maintain safety of work environment.
2. Employees and the government entity shall be responsible for creating and maintaining a safe and healthy work in accordance with the policies approved by government in this regard.
3. Employees will be liable for administrative or judicial accountability in the event of breaching or violating any of the said policies or regulations.
Article (123) Government Entity's Obligations
In order to achieve Health, Safety and Environment objectives, the government entity shall comply with the following:
1. Develop health and safety criteria and rules including the governing procedures and practices.
2. Acquaint employees, customers and visitors with health and safety procedures.
3. Provide training and instruction necessary for employees on the approved safety procedures.
4. Provide employees with adequate safety gear according to work requirements.
5. Ensure that all equipment, machineries and tools are in a good operational condition.
6. Ensure that all hazardous materials are stored in accordance with safety criteria and rules.
7. Investigate into any incidents or error promptly along with initiating legal procedures over violations and act accordingly to avoid any recurrence of the same.
8. Conform employees' capabilities, facilities and features to security and safety requirements.
Article (124) Employees' Responsibilities
For the purposes of the provisions of this Chapter, employees shall adhere to the following:
1. Comply with government entity's approved health and safety policy.
2. Perform duties in a way ensuring their safety and others' safety.
3. Abstain from carrying out any hazardous duties for which they are not qualified.
4. Not to misuse safety equipment and tools provided by the government entity.
5. Report to the management any hazardous situation, equipment or material that may affect their health and safety including the others.
Article (125)
The government entity shall bear employee's treatment costs in the event of injuries and incidents that occur in the course of business in accordance with the regulation determined by the Government.
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Chapter 12: Job Violations
Article (126) General Principles
1. Every employee violates the duties provided for herein or contravene the exigency of his job duties shall be administratively penalized without prejudice to civil or criminal responsibility when necessary. Employee shall not be relieved from the administrative penalties unless he proves that the commitment of job related violations was in pursuance of a written order issued by his direct supervisor despite of being warned in writing of the violation. In such a case, the source of order shall be held responsible.
2. The respective judiciary entity must be notified if employee's violation implies a crime.
3. Subject to the provisions of penal codes, no employee shall be punished for the same act or violation more than one time, and no penalty shall be imposed upon him more than once.
4. No administrative penalties shall be imposed on employee unless a written investigation is initiated with him with giving an adequate opportunity for hearing his statements and defence.
Article (127) Violation Committee
1. A committee cited Administrative violation Committee at the government entity shall be formed upon a decision made by the General Manager comprising of five members including a member representing the Human Resources Unit. The Committee shall be responsible for considering administrative violations committed by the government entity’s employees and recommending the appropriate disciplinary penalties provided for herein.
2. Committee members are required to be of those assuming senior positions and in all cases, the degree of the Committee chairman shall not be less than the violator's degree.
3. A government entity may seek assistance of qualified members from other government entity to participate in the committee.
4. The Administrative Violation Committee meeting shall be valid in the presence of all members and its decisions are made by majority.
Article (128) Administrative Penalties
1. The administrative penalties that may be imposed on employees in addition to restoration of rights, if any, shall be as follows:
Written warning.
Deduction from basic salary not exceeding ten days for every violation and not more than sixty days in a year.
Reduction of basic salary or equivalent within the limit of the first point payment for the degree or demotion to maximum one degree.
Dismissal from service with reserving the right to pension payment, end of service compensation or deprivation of the same within the limit of 50% as maximum.
2. The respective authority shall impose the appropriate penalty on employee according to immensity and gravity of violation except for penalties of salary reduction, demotion and dismissal from service, which are imposed upon the department's approval.
3. The sequence of penalties contained in this Article shall not be regarded as it is.
Article (129)
1. Penalties related to violations of official working hours shall be as follows:
First written warning.
Second written warning.
Referral of employee to the Administrative Violation Committee to consider his case and recommend for one of the penalties mentioned in the previous Article.
2. These penalties shall not prevent from making any deduction from leaves balance or salary according to the amount of wasted working hours.
Article (130) General Provisions
Employee's resignation shall not prevent from proceeding with the administrative procedures related to the committed violation. If employee has been referred to the Violation Committee or the respective judicial authorities, the resignation shall neither be accepted nor terminated until a final decision is made in respect to employee.
Article (131)
Violation and disciplinary penalties shall be considered in assessment and promotion procedures and other procedures of a recognition and award nature.
Article (132)
1. Job violation shall cease to be valid upon employee's death or lapse of two years since the date on which violation was committed except for violations of criminal nature or related to honor and breach of trust. This period shall discontinue by taking any of the investigation procedures thereon or referring the employee to the Violation Committee or the respective judicial authorities. A new period shall enter into force as of the date of last procedures taken towards the violation.
2. If employees to whom the same violation is ascribed have become numerous, the discontinuation of the period for anyone of them shall apply to the others even though no actions discontinuing the period have been taken. A new period that makes the violation to be null shall begin on the next day of last action taken towards it.
Article (133)
The respective authority may suspend, upon a recommendation made by the violation Committee if the interest of investigation requires, the violating employee from work on a precautionary basis, and his salary may be suspended for no longer than three months. If the employee is acquitted, investigation has been retained or received a penalty of warning notice, suspended salary shall be paid. If a severer penalty, however, has been imposed on employee, the decision on payment of suspended salary will be made at the Violation Committee’s sole discretion.
Article (134)
If employee is referred to the court for committing a crime related to his job or by reason of it, the respective authority may suspend the employee from work along with his salary until a final judgment is rendered by the court on the crime ascribed to him.
Article (135)
Employee's service shall be ended if declared guilty of any felony or misdemeanor breaching honor, trust or ethics and convicted of a penalty restricting freedom for a period exceeding three consecutive months under a final judgment by the court.
Article (136)
1. Employee shall be returned to his job along with payment of suspended salaries in the event that the investigation is retained, a decision nullifying institution of a penal action against him has been issued or acquitted from the charge ascribed to him, provided that these will not prevent from the administrative accountability and imposition of appropriate administrative penalties.
2. Employee shall be returned to his job without payment of suspended salaries if declared guilty of any misdemeanor not breaching honor and trust and sentenced to imprisonment for a term not exceeding three months or a financial penalty, or if convicted to a fine or to imprisonment with suspension of execution.
Article (137)
Every employee is detained in pursuance of a judicial order in a civil lawsuit shall be suspended and deprived of total payment of salary throughout the term of detention. The respective authority may terminate employee's service if the term of detention exceeds three consecutive months under a final judgment by the court.
Article (138)
Employee who is detained precautionary in a crime not arising from the job or by reason of it unless related to one of the crimes that breach honor, trust and ethics, shall be treated as breaking off from work. The break off period shall be deducted from leaves balance and if not sufficient, that period shall be regarded as unpaid leave.
Article (139)
If a dismissal from service decision is issued against a suspended employee, employee's service shall be considered as terminated effective from the suspension date and no salaries for the suspension period shall be paid.
Article (140)
The imposition of penalties against violations committed by a seconded employee shall fall within the competence of the receiving entity in accordance with their applicable administrative procedures and penalties. The sending entity must be informed of the violations committed by the employee and imposition of penalties thereto.
Article (141)
1. Without prejudice to the provision of Article (130), the administrative penalties imposed on employee shall be nullified and considered as void by lapse of the following periods:
Six month in the event of warning.
One year in the event of deduction from basic salary.
Two years in the event of demotion or reduction of salary.
2. The foregoing periods shall be calculated as of the date of imposing the penalty. These periods shall cease to be valid if the employee returns to commit any violation prior to the period nullifying the penalty. The minimum periods shall not nullify the maximum periods.
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Chapter 13: Grievances
Article (142) General Policy
In order to control job related - problems and disputes occurring within working environment, the government shall maintain effective and fair relationship between the government entity and its employees through adopting prompt procedures for solving such problems and disputes without prejudice to employee's right to lodge grievances that are to be settled through government entity's internal procedures in a clearly and fairly manner with giving employee an adequate opportunity to plead from his own point of view.
Article (143) Grievances Committee
1. A committee cited as “Grievances Committee” shall be formed at each government entity comprising of three to five members on the same conditions for membership of Violation Committee. The Grievances Committee shall be responsible for considering grievances against administrative penalties and job-related problems along with making necessary recommendations in this regard.
2. Membership of Grievances Committee must be different from that of the Violation Committee that recommends for a disciplinary penalty brought forward to it.
3. The government may seek assistance of qualified members from another government entity to take part in the Committee.
Article (144)
Employee may lodge a written grievance to the Grievances Committee against an administrative penalties decision made against him. The decisions made upon the committee's recommendation shall be final in respect to grievances lodged to it concerning penalties of warning and deduction from salary. The Committee's recommendations shall be approved by the Chairman or whomever he authorizes.
Article (145)
1. Employee may appeal against the decision made by the Grievances Committee in respect to reduction of salary, demotion or end of service by filing a written appeal to the department within two weeks of the date on which he has been notified of the decision; otherwise, the decision made on the grievance shall be final.
Article (146)
Employee may lodge to the Grievances Committee any complaint related to the working environment, which include but not limited to, work tools and equipment, physical abuse, offensive words, circulation and promotion of rumors, disparagement of employees or their opinions along with verbal and written harassment. The Committee must review the complaints lodged to it and decide upon referring them to the Violation Committee in cases that may require the same. In all cases, employee may not appeal against working hours, salary or the provisions hereof.
Article (147)
Heads of organizational units at the government entity shall address reasons and circumstances leading to submission of job-related grievances including not to prevent or neglect complaints that lodged to or reach it together with making efforts necessary for settling and solving their employees' grievances amicably.
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Chapter 14: End of Service
Article (148) Reasons for End of service
Subject to the provisions of the special legislations, employee's service shall be ended for any of the following reasons:
1. Deposition based on public interest requirements.
2. Retirement age.
3. Resignation.
4. Medical unfitness.
5. Job incompetence.
6. Obtaining four penal warnings during a year.
7. Dismissal from job upon a decision related to an administrative violation or under a judicial verdict.
8. Non-renewal of service contract or cancelled prior to its expiry period.
9. Death.
10. Break off from work without acceptable excuse for 10 consecutive working days or 15 intermittent days.
11. Restructure.
12. Replacement according to Emiratization of jobs.
13. Withdrawal or invalidity of the country's nationality held by employee.
Article (149) Notice Periods
A two-month notice period shall be for senior positions and one month for the other positions or as stated in contracts of employees appointed under special contracts.
2. The notice period shall not be applicable in the following events:
Disposition based on public interest requirements without resulting in restriction of freedom.
Dismissal from job upon a decision related to an administrative violation or under a judicial verdict.
Break off from work without acceptable excuse for 10 consecutive working days or 15 intermittent days.
Article (150) End of service Authority
A decision ending the service for the reasons stated in the previous Article shall be made by the respective authority in consultation with the department.
Article (151)
Employee's service shall be ended when he reaches the age of retirement unless his service is extended upon a decision made by the respective authority.
Article (152) Resignations
1. Employee may resign from his job under a written request notifying the government entity of the established notice period that is two months for senior positions and one month for the other posts or as stated in the contracts of employees appointed under special contracts.
2. The resignation shall be legally accepted in the event that the government entity fails to take the appropriate decision in this regard and informs employee accordingly in writing within two weeks of submission.
3. Employee shall continue in his job until the end of the notice period. The government entity, however, may reduce, at employee's request, the notice period after acceptance of resignation and end of service immediately, provided that employee agrees to reimburse notice period payment or to be deducted from his entitlements. This period shall not be considered as a part of period of service with his government entity.
4. The government entity may end on its own motion during the notice period, the service of a resigned employee provided that all salaries to which employee is entitled shall be paid for this period. Such period will not be considered as a part of employee's service with the government entity.
5. The government entity may exempt, upon a report made by the respective medical committee, the resigned employee for whom the reduction of notice period is approved, from reimbursing the government entity for notice period payment if employee's health conditions do not allow the same.
6. In the event that employee is desirous to refrain from resignation, he may apply for this in writing to the human resources unit within one week of the date on which the acceptance of resignation is notified subject to the respective authority's approval.
Article (153) Interviews for Investigating Reasons for Resignation
The human resources unit of the government entity shall conduct an interview with every employee resigns from his job or applies for non-renewal of service contract in order to collect information necessary for improving and developing the applicable work environment, regulations and policies.
Article (154) End of service due to Medical Reasons
1. UAE national employee's service shall be ended on medical grounds in accordance with the applicable provisions and procedures of the government pensions respective entity.
2. The respective entity may end a non-UAE national employee's service if proved by the medical committee to be medically unfit to perform the job duties.
3. It is required in all cases to end employee's service immediately with payment of an amount equivalent to the total salary of notice period determined for the job degree. This period shall not be considered as a part of period of service with the government entity.
Article (155) End of Service due to Incompetence
The respective authority may end, upon a recommendation made by the Human Resources Committee, employee's service due to job incompetence in case employee receives a poor annual rating for maximum two consecutive years or three separate years according to the level determined by the performance management system for this purpose. Employee must be given a three-month written notice to improve his performance.
It is required in all cases to give employee the notice period determined for the job degree or payment of an amount equivalent to the total salary of the notice period and all other entitlements.
Article (156) End of service due to Administrative Violation
1. The respective authority shall have the right upon the department's approval to end employee's service subject to a recommendation made by the Administrative Violation Committee and the support of Grievances Committee if employee appealed against dismissal from service.
Article (157) Termination or non-renewal of Contracts
1. The respective authority shall have the right to non-renewal or termination of service contracts prior to their expiry date at any time provided that employee is given a written notice as specified in the Article of resignation.
2. The notice period specified in the previous item shall not be considered if reasons for termination are related to poor level of performance, a breach to job duties or violations requiring immediate termination of the contract.
Article (158) End of service due to Restructuring
Employee’s service may be ended on the basis of financial and administrative impacts resulting from restructuring of organizational units or their jobs in consultation with the department.
Article (159) Death
1. If employee dies in the course of service with the government entity naturally or due to an incident outside the workplace, the government entity shall reimburse one payment to the person specified in writing prior to the death equivalent to three months of total salaries plus full total salary for the month of death and other entitlements provided for herein.
2. If employee fails to specify the person referred to in the previous item, the salaries in questions shall be paid to the lawful heirs.
3. The compensations provided for in this Article are regarded as a grant and may not be considered as a part of the end of service compensation or deducted therefrom in any way. Such payments may not be retained or set off against any other amounts the deceased employee owes to the government entity.
Article (160)
In the event that a non-UAE national employee dies in the course of service with the government entity and his relatives are desirous to bury the dead body at the home country, the government entity will bear repatriation costs of the dead body to the nearest international airport in home country, in addition one flight ticket to one of those accompanying the dead body.
Article (161) End of Service Compensation
1. UAE national employee's entitlements upon end of service shall be calculated in accordance with the applicable regulation of the government pension respective entity.
2. GCC countries employees' pension entitlements shall be calculated in accordance with the regulation in force in the respective GCC country in the event of compulsory enrollment.
3. The basis of calculating end of service compensation shall be as follows:
a. Non-UAE national employee placed in job degrees; on the basis of last basic salary provided that period of service shall not be less than one year according to the following:
One month basic salary per year for the first five years of service.
One month and half per year for the second five years of service.
Two month basic salary per year for any years of service afterwards.
b. Employees appointed on reward system; on the basis of 50% of total reward or the first band of job degree corresponding to the job whichever less, provided that the period of service shall not be less than 5 years according to the following:
One month basic salary per five years of service for jobs corresponding to degree 9 and above.
Two month basic salary per five years of service for jobs corresponding to degrees10 to 14.
c. Employees appointed on unlimited terms special contracts system; on the basis of 50% of total reward value or last band of job degree corresponding to the job whichever less, provided that the period of service shall not be less than one year.
4. For the purposes of calculating end of service compensation, probationary and notice periods will be considered as a part of period of service.
5. End of service compensation shall be paid to the employee who obtains the country's nationality on the basis of the basic salary that he was receiving prior to obtaining the nationality.
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Chapter 15: Final Provisions
Article (162)
All employees and servants working for any of the government entities shall retain, as of the date on which these provisions enter into force, all their gained rights including entitled annual leaves balance. The interim provisions shall specify how annual leaves balance and other related matters can be settled.
Article (163)
1. Lawsuit related to administrative decisions made in pursuance of the provisions hereof shall not be heard after the passage of sixty days of the date on which the decision was positively brought to the knowledge.
2. Judicial lawsuit related to appeal against Emiri Decrees shall not be heard upon end of service.
Article (164)
Every government entity should make contracts with its employees who are assuming their duties at the time in which this law enters into force according to whatsoever determined by law in this regard.
Article (165)
1. The Civil Service Law of 2003 and the amending laws thereof shall be cancelled, including cancellation of every provision or decision contrary to the provisions hereof.
2. The implementing decisions, rules and regulations of the Civil Service Law of 2003 shall continue to be valid until issuance of the rules, regulations and decisions that will overwrite them.
Article (166)
This Law shall be published in the Official Gazette and will come into force four months after it publication date.
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