HR Legislation Inquiry Service

The flexible work employment mode has been added to the current employment modes. The modes now include the following:

1. Full-time employment, temporary employment, part-time employment, and flexible work.
2. Flexible work is considered similar to full-time employment but with the flexibility to change working hours or days based on the workload, economic conditions, and operational variables of the employer.

The conversion is typically initiated either by the employer or upon the request of the employee, as follows:

1. The employer may, based on the requirements of the entity's interests/needs and in accordance with approved human resources procedures, during the contract's validity or upon its expiration, change the employment mode or contracting mechanism, along with any associated benefits and salaries/wages, in accordance with the guidelines outlined in this Resolution and within the allocated financial provisions approved in the entity's budget.
2. The employer is permitted, upon the request of the employee, to change the employment mode, provided that the request aligns with the best interests/needs of the federal entity. This change can occur a maximum of two times throughout the employee's tenure in the federal govern0ment.

1. For non-UAE national employees who were already employed before the implementation of the Decree-Law, their end-of-service gratuity is calculated based on the previous regulations in force within the federal entity.
2. After the implementation of the Decree-Law, the end-of-service gratuity entitlements for all non-UAE national employees (both existing and new) are calculated according to the new mechanism outlined in the law and regulations.

1. Bereavement leave with pay, as determined in this regard.
2. Sick leave with pay, based on a certified medical report from a recognized medical facility, for a duration not exceeding (5) consecutive or intermittent working days. Anything beyond that will be without pay.
3. Unpaid leave for a duration of (5) consecutive or intermittent working days.

1. UAE national employees (Grade 1, Grade B Special, Grade A Special), or their equivalent in federal entities.
2. Non-UAE national employees (Grade 1) according to the non-UAE national employee job grades and salaries scale, or their equivalent in federal entities.

1. The duration of study leave or scholarship.
2. The duration of the employee's absence from work (without salary).
3. The period of the employee's imprisonment as a result of a judicial ruling issued against them, in cases where the termination of service is not legally determined.
4. The period of the employee's service during the probationary period if their service ends during this period for any reason.

1. Failure to successfully pass or complete the probationary period.
2. Job incompetence.
3. Medical unfitness.
4. Unjustified absence from work for more than (10) consecutive working days, or (20) intermittent working days, within one year.
5. Replacement for the purpose of Emiratization positions held by non-UAE national employees.
6. Restructuring.
7. Dismissal by a decision of the cabinet.
8. Termination by a federal decree.
9. Dismissal from service due to administrative violation or dismissal by a judicial order.
10. Conviction of a crime or misdemeanor that affects honor, trust, or ethics.
11. Sentenced to imprisonment for more than (3) months for any crime or misdemeanor.
12. Revocation of the employee's citizenship or its loss.
13. Non-renewal of the employment contract or termination before its expiry.
14. Resignation.
15. Reaching the retirement age.
16. Retirement before reaching the legal age.
17. Death.

1. Achieving a performance level of (5) or its equivalent in the approved performance system for the past two years.
2. The employee's talents, competencies, and skills should contribute to enhancing the quality and productivity of the workplace, based on performance indicators that are measured, documented, and the results of the employee's capabilities assessment.
3. The percentage of employees classified as promising government talents through the Fast Track should not exceed (5%) of the total number of employees working in the federal entity on an annual basis.
4. The financial allocations for promotion should be available within the approved budget of the entity.
5. An employee can only be promoted once throughout their service in the federal government through this track.
6. The promotion through this track should not prevent the employee from receiving any other promotion for a period of (12) months.
7. If the promotion through this track leads to the position of Assistant Undersecretary, Executive Director, or equivalent, a decision from the Cabinet is required. If it leads to the position of Undersecretary, Director General, or equivalent, a federal decree is issued.
8. It should be noted that the Authority is working on the development of a specific policy regarding the governance of this track in order to enable federal entities to benefit from its implementation in accordance with the established principles.

The Grievance Committee is formed by a decision of the head of the federal entity, and it is called the "Grievance Committee." The committee is chaired by one of the senior employees of the federal entity, with a grade/rank not less than Special Grade or its equivalent in federal entities. The committee consists of several members, including a representative from the Legal Affairs Department.

Yes, it is now possible to extend the sabbatical leave for representing the state for a period not exceeding six months, unlike before. The UAE national employee may be granted an exceptional sabbatical leave with a full salary for a month, which can be extended for similar periods up to a maximum of six months, if the activity is included in the pre-determined plans and schedules of the requesting entity, and as long as it does not conflict with the requirements of the employer.

Yes, the probationary period for an employee is extended by the duration of any leave granted to them during the probationary period.

The employee is entitled to parental leave for a period of 5 working days with full salary. Both the father and mother are eligible for this leave when they have a newborn child to care for. Such leave can be taken consecutively or intermittently within 6 months from the date of the child's birth.

It has been extended to 6 months instead of 4 months, where the female employee is entitled, after her return from maternity leave and for a period not exceeding 6 months from the date of delivery, to take one or two breaks daily for breastfeeding her child, provided that the duration of each break does not exceed two hours.

The Human Resources department in the federal entity is responsible for imposing the appropriate disciplinary actions, including those specified in the regulations, on any employee who commits an administrative or behavioral violation, including violations related to official working hours.

The resignation of an employee does not prevent the continuation of administrative procedures related to the committed violation. However, any financial entitlements of the employee from the employer may be suspended until the investigation procedures are completed and a final decision of non-liability is issued.

1. The employee who joins national service and reserve duty may utilize their accrued annual leave entitlement during their period of national service, up until December 31st of the year following the completion of their national service. Alternatively, the employer may provide them with a cash equivalent for the unused leave days if deemed appropriate, with the payment based on the employee's basic salary.

1. The new flexibility allows federal entities to upgrade the travel class for an employee who is entitled to an economy class to a business class for official travel missions with a duration exceeding 10 hours.

1. Training courses and programs that have a financial impact are authorized based on the approved authority and responsibility matrix within the entity, whether the training is conducted in-person or online.
2. In cases where there is no financial impact, employees are authorized to attend training courses and programs, regardless of their type, by the relevant training unit within the federal entity, in coordination with the unit to which the employee belongs.

A new promotion track has been introduced and added to the previously approved types of financial, functional, and exceptional promotions. It is called the Fast Track for Promising Government Talents.

Yes, according to the provisions of the new regulations, it is now possible to second or borrow employees from federal entities, local governments, Arab or foreign governments, Arab or foreign organizations, regional entities, and the private sector. The duration of the secondment is determined by the secondment decision and can be extended for similar periods.

As in the past, there are several regulations, but the new regulations pertain to secondment to international organizations and bodies, where prior coordination with the Ministry of Foreign Affairs is required in this regard.

Yes, according to the new regulations, it is now possible to second an employee to any federal or local entity, federal government-owned companies, or to the private sector for a period not exceeding one year. After the secondment period, the employee will either return to their original place of work or be transferred to the seconding entity.

What is the new flexibility provided by the legislator regarding assignment of staff?

An employee can be transferred to the private sector at his own on request.

Yes, it is within the permissive authority, where it is permissible, by a decision from the competent authority for appointment, to subject an employee transferred from an external entity (federal, local, semi-governmental, or private sector) to a probationary period.

Yes, it is permissible, as may be required by work, to appoint the employee who is employed on a temporary work mode to a permanent position that suits their qualifications, experience, and abilities, either during or upon the expiration of the temporary contract, provided that the nature of the contract is modified. The duration of their service in the federal entity will commence from the date of their appointment to the permanent position.

An employee appointed on a temporary employment basis is not eligible for an end-of-service gratuity based on their period of service.

Employment on a temporary contract basis is typically made for a duration of less than one year. However, federal entities have the option to enter into a new contract with the employee if the interests/needs of the work necessitate it.

Yes, it is permissible for an employee who is employed on a part-time basis to work in multiple federal entities or work in a federal entity and another local or private sector entity.

Yes, there is a new procedural guide being prepared by the Authority to enable federal entities and their employees to properly implement the provisions stated in the Human Resources Law and its executive regulations.

Yes, it is permissible to convert the mode of employment of an employee from part-time to full-time and vice versa, based on the employee's request and the decision of the entity/employer, if it serves the interests/needs of the entity. However, such conversion is subject to certain conditions, such as the availability of the same position and grade for the employee and the financial allocation for that grade.

The working hours have been set at a minimum of 8 hours and a maximum of 32 hours per week. The workdays will be determined from the weekly working days, with a minimum of one workday and a maximum of 4 days per week.

Yes, it is necessary to specify the employment mode clearly and in advance in the employment contract. It is not permissible to state an employment mode in the contract and then agree to deviate from it. If there are any changes, they should be documented in the contract according to the established rules, conditions, and regulations regarding this matter.

The salary for an employee on a part-time contract is calculated based on a proportion and ratio with the hours or days of work, assuming the employee works full-time in the assigned position at the start of their appointment. It is divided by the official monthly working hours and multiplied by the actual working hours performed by the employee during the month. A detailed guide will be issued by the relevant authority regarding this matter.

In the event of a change in employment status/mode from one type to another, the calculation mechanism for vacations, promotions, bonuses, and end-of-service benefits is adjusted. It is done in proportion to the hours or days of work contracted with the employee, compared to full-time employment. The calculation is based on the percentage and proportion of the contracted work hours or days in relation to full-time employment.

1. The employment on the benefits of experts and consultants is limited to individuals holding the positions of (Consultant or advisor /Expert) or (Assistant Consultant or advisor/Assistant Expert).
2. The benefits of experts and consultants shall be suspended for an employee who takes a leave exceeding three (3) months, throughout the duration of the leave. However, the benefits will resume after the leave period ends.
3. The employee's contract, who is currently employed and is eligible for the benefits of experts and consultants/advisors, cannot be modified to add these benefits until at least twelve (12) months have passed since their last promotion.
4. The financial benefits for an employee appointed based on the benefits of experts and consultants cannot be increased, and their category cannot be upgraded, unless at least three (3) years have passed since the previous modification.
5. The increase in benefits for experts and consultants for an employee cannot exceed a maximum of 25% of their previous total salary, whether it is during the contract renewal or the modification of any of its terms thereof.

Yes, there is now an established financial ceiling for those appointed based on the benefits of experts and consultants, and it cannot be exceeded except with the approval of the cabinet.

1. There is now a salary cap for those appointed on the benefits of experts and consultants, which is linked to years of experience.
2. Appointments are now made at grades ranging from Grade 1 to Grade A for UAE national employees, and for non-UAE national employees the appointment is made at Grade 1 (three categories).
3. The appointment according to the benefits of experts and consultants is associated with job titles such as Expert, Consultant/advisor, Assistant Expert, or Assistant Consultant/advisor .

•Yes, the administrative penalties have been amended. The previously established penalty of demotion has been abolished and replaced with the penalty of suspension from work without pay for a period of not less than one month and not exceeding three months.

1. The Human Resources Department in each federal entity is now responsible for performing the tasks of the Committee for the Consideration of Violations.
2. The federal entity is obligated to implement the decisions issued by the Committee of objections/Appeals at federal government regarding its employees within ten (10) working days from the date of notifying the federal entity of the decision.
3. Lawsuits filed by employees before the judiciary are no longer accepted unless they have previously resorted to the Committee of Grievances and the Committee of objections/Appeals within the specified periods, procedures, and conditions stated in the regulations.

The new regulations explicitly grants the head of the federal entity the authority to exempt the employee from all restrictions related to family caregiver/escort leave, especially in humanitarian cases that they deem appropriate, in terms of granting or extending the leave based on the established principles.

1. Although the duration of maternity leave has not changed, the new regulations have provided additional benefits for female employees appointed under the full-time job mode. They are entitled to maternity leave with a total salary for a duration of 90 days if the delivery occurs after six months or more of pregnancy, whether the fetus is stillborn or born alive and then passes away.
2. In addition, the female employee is entitled to one or two breaks per day for breastfeeding her child for a period not exceeding six months from the date of delivery. the breaks should not exceed two hours per day.

The legislator has stipulated that when granting an experience allowance, a new condition must be met. It should be calculated as a percentage (5%) of the basic salary for the job grade to which the employee is appointed, for each year of experience. This allowance is added to the starting salary, provided that it does not exceed (50%) of the basic salary value or the starting salary of the next job grade, whichever is lower. The experience should be in the same field of the job.

The legislator has mandated all federal entities that have their own salary scales previously approved by the boards of directors to submit such scales to the Cabinet for approval within a period of 6 months, starting from May 5, 2023, until November 4, 2023.

The new provisions are as follows:

1. The duration has been set at six months, with the possibility of extension for an equal period if the employee's performance is deemed unsatisfactory.
2. All employees are subject to the probationary period, regardless of their job grades. Newly appointed employees are subject to the aforementioned period, and the Cabinet has the authority to exempt or reduce this period only for those appointed to the position/grade of: Under-Secretary or Director-General, or those currently employed in the federal entities within equivalent position/grade .

Certainly, the application of the unified contract form shall not affect the rights of current employees when they are placed under it in any way. The entire matter is solely related to procedural governance.

The executive regulations have unified all current employment contract templates into a single unified template applicable to all employees, both UAE national employees and non-UAE national employees, regardless of the employment mode.

According to the new employment modes, the contract duration has become a maximum of three years, renewable as determined by the employer, for any employment mode except for temporary contracts, which have a duration of less than one year.