Background
In line with the Federal Government's Strategy aimed at according utmost attention to the development of human element; its commitment to create a safe and healthy working environment for the Federal Government employees, in order to maintain effective and equitable relationship between the ministries and federal entities on the one hand, and employees on the other; and to achieve justice and job satisfaction for workers in the Federal Government.
The Human Resource Law included a provision requiring the Federal Authority for Government Human Resources to propose a system – subject to approval by the Council of Ministers - to consider objections filed to the Authority.
Pursuant to this provision, the Executive List of HR Law provided for the aforementioned system, and identified the mechanism whereby the employee can lodge an appeal to the proposed Objections Committee, against penalties imposed on him, with the exception of verbal and written warning.
Committee was established according to international standards in the field of human capital management, based on specific controls and mechanisms derived from the Human Resource Law and its implementing regulations, Performance Management System, Training & Development System and employment contracts. It is worth noting that there are a number of internal committees in the ministries and federal bodies, such as violation committees and grievance committees, all supporting the principles and policies of human resource management and provide a positive and equitable working environment, in accordance with the mechanisms established by human resource legislation. The existence of these committees serves the objective of providing a safe and fair working environment for federal government employees, which would contribute to achieving job security and satisfaction among the employees of these entities.
An employee shall only resort to the objections committee after lodging a complaint to the grievance committee at the entity he works for and the issuance of its decision.
Objections committees set up within the ministries and federal entities:
An objections committee shall be formed in each ministry or federal entity by a decision of the competent Minister, and shall consist of a number of members provided none of them should be a member of the violations committee.
The Objections Committee is delegated the authority to consider the appeals filed by employees against the decisions and sanctions, or any administrative decisions or measures, made by the violations committee, with the exception of grievances related to performance evaluation. The Committee shall look into the investigation file, hear statements of whoever it considers fit about the incident being investigated, and may remand the case to the violations committee to complete any aspect of the investigation and return the same to the Objections Committee, to examine the grievance, complete hearings and issue one of the following decisions:
1. Grievance rejected
2. Grievance accepted and the penalty modified (as per the law and regulations)
3. Grievance accepted and the penalty cancelled (as per the law and regulations)
Proceedings and Mechanisms for Implementation
The following are the most important steps required for the management of grievances and those responsible for each step:
The employee may appeal a decision of the Grievance Committee imposing penalties other than verbal and written warning, by filing a written complaint to the Objections Committee.
Legal Reference for the Committee to Consider Objections
- The second paragraph of Article 98 of the Federal Law by Decree No. (9), for the year 2011, amending some provisions of the Federal Law by Decree No. (11) for the year 2008 on human resources in the federal government.
- Articles 112 - 119 of the Executive Regulations of Government HR Law.
Formation of the Objections Committee
Committee was formed in the Federal Authority for Government Human Resources by a decision of the Chairman of the Authority to consider objections to the decisions of the Grievance Committee regarding the sanctions imposed on the staff. The committee includes members from the Ministry of Presidential Affairs, Ministry of Cabinet Affairs, Ministry of Justice and the Federal Authority for Government Human Resources. The Chairman of the Committee shall choose a person to serve as a non-member convener with no voting right.
Objections Committee’s Functions and Tasks
The Objections Committee shall:
- Receive the objections and complaints submitted by the employee of ministries and federal entities against penalties imposed on them by the grievance committees in their respective, with the exception of verbal and written warning.
- Examine the decision the decision in dispute along with all enclosures, in form and substance
- Consider any other tasks assigned to it by the Chairman.
Period for Lodging Objections
An employee, who wishes to object to a decision of the Grievance Committee regarding penalties other than verbal or written warning, shall submit a written and duly signed appeal to the Objections Committee of FAHR, within a period not exceeding three weeks from the date of notification of the penalty imposed on him. If no objection is received within the stated period, the Grievance Committee’s decision will be deemed adopted.
Documentation Required for Submitting an Objection
An appeal for the remedy of a decision must contain the following:
1. the name, ministry/entity, job title, and address of the employee.
2. the decision made by the Violations Committee.
3. The decision of the Grievance Committee regarding the alleged violation, date of its issuance and notification.
4. The subject of objection and the grounds for the request of a remedy, along with appropriate supporting documents.