أسئلة قانونية إماراتية عامةقانون اتحادي في شأن الخدمة الوطنية والاحتياطية

Article (1) Definitions In the application of the provisions of this Law, the following words and expressions shall have the meanings set out opposite to each of them, unless the context requires otherwise: State : United Arab Emirates. Armed Forces : State’s armed forces. Ministry : Ministry of Defense. Supreme Commander : Supreme Commander of the Armed Forces.

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Federal Law of 2014 on the National and Reserve Service 3 Minister : Minister of Defense. Chief of Staff : Chief of Staff of the Armed Forces. General Mobilization : The number of procedures by which Armed Forces and all the forces and resources of the State are prepared to transform it from the state of peace to the state of war for the confrontation of any existing or potential danger threatening the State whether it is internal or foreign. Partial Mobilization : A number of procedures by which certain forces and resources of the State are prepared for the confrontation of any existing or potential danger threatening the State whether it is internal or foreign which is less severe than such danger referred to concerning general mobilization. Educational Institutions : Government and private bodies and institutions concerned with education and training of all types, forms and stages. National Service : Such service which must be performed for the sake of the country by such person resolved to be recruited for a period of time specified in accordance with the provisions of this Law. National Service Card : A document which indicates the condition of National Service. Alternative Service : The alternative service of the National Service and it shall be performed within a specified period by such person to whom the conditions of joining national service are not applied. Soldier : A person possessing a military rank in accordance with the laws and decrees applicable in the entities referred to in Article 6 of this Law and the like. Recruit : Whoever is recruited for performing the National Service. Employee : Any person who occupies any of the positions which appear in the federal or local budget.

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Federal Law of 2014 on the National and Reserve Service 4 Worker : Whoever works in the private sector for a wage of whatsoever type. Student : Whoever studies or is trained at any educational institution. Reserve Service : Such service performed by reservists for the sake of the country for a period of time specified by the provisions of this Law. Reservist : Any person who is subject to reserve service. Summoning : The call for reserve in certain cases in accordance with the provisions of this Law. Reserve Service Card : A document indicating the registration of the summoned person in reserve service. Medical Committee : Military Medical Committee. Chapter One National Service

Article (4) The following categories shall be excluded from the application of the provisions of Articles (2 and 3) of this Law: a. Military personnel working in the bodies stated in Article (6) of this Law. b. Any military person whose service has ended in the Armed Forces, the Ministry of Interior or in the military bodies and institutions and who has spent a period of service not less than three consecutive years, provided that he has been classified with a specific profession or specialty during his service period. c. Affiliates of military colleges, institutes, schools, and training centers in the armed forces, Ministry of Interior, or bodies and institutions with a military system, provided that they graduate from the same. d. Other categories and citizens who are exempted according to the requirements of the public interest, or other considerations, provided that a resolution is issued by the Deputy Commander-in-Chief thereon.

Article (5) 1. The term of the National Service for male recruits shall be as follows: a. For the period of two years for persons having an education qualification less than the General Certificate of Secondary Education. b. For the period of one year for persons having the General Certificate of Secondary Education, or equivalent thereof, and above. 2. The term of National Service for female recruits shall be for the period of one year. 3. It shall be permissible for the Supreme Commander to amend the term of National Service stipulated in Clause 1 and 2 of this Article in accordance with the requirements of public interest. 4. It shall be permissible to extend the term of National Service for a Recruit in accordance with the provisions of the Executive Regulation of this Law.

Article (8) 1. The National Emergency, Crisis and Disaster Management Authority shall oversee, coordinate, and follow-up on all programs related to the performance of alternative service in vital sectors within ministries, government departments, federal and local public authorities and institutions, as well as the private sector, provided that such entities implement the alternative service programs in a manner that ensures the efficiency of recruits in performing the functions assigned to them. 2. Designated entities, as determined by the National Emergency, Crisis and Disaster Management Authority, shall be bound to support the continuity of national operations during emergencies, crises, and disasters through the implementation of alternative service programs. 3. The entities referred to in Clause (2) of this Article shall comply with the decisions, instructions, and policies issued by both the National and Reserve Service Authority and the National Emergency, Crisis and Disaster Management Authority regarding alternative service. 4. An annual budget shall be allocated to the National Emergency, Crisis and Disaster Management Authority for the purposes of implementing specialized training programs for alternative service courses, in accordance with the annual plan agreed upon between the National and Reserve Service Authority and the National Emergency, Crisis and Disaster Management Authority. 5. The conditions and controls for enrollment in the alternative national service and the entities in which it is performed shall be determined, in accordance with the provisions of this Law, and the regulations, decisions, rules, and instructions issued in implementation thereof, in coordination between the National Emergency, Crisis and Disaster Management Authority and the National and Reserve Service Authority.

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Federal Law of 2014 on the National and Reserve Service 8 National Service Controls

Article (13) 1. The following persons are permanently exempted from national service: a. Any person who is proved to be medically unfit by a resolution of the Medical Committee. b. The only son of his father or mother or both. A person who has one or more sisters is not considered an only child, provided that this is proven by official documents from the Competent Authority in the State. An exception to this is made for anyone who expresses his desire to join the service when he meets the other conditions stipulated by this law and the decisions issued in implementation thereof. In this case, he shall complete the entire period of service, and he may not be called up to fight on the front lines. 2. The following persons shall be temporarily exempted from the National Service: a. The son who supports his father, mother, or both, provided that the support is proven by a decision from the Competent Authority in the State. b. The sole responsible for his father who is unable to earn a living, provided that this is proven by a decision from the Competent Authority in the State. c. The sole responsible for his mother, if she is divorced or widow or her spouse is unable to earn a living, provided that this is proven by a decision from the Competent Authority in the State. d. The sole responsible for his brother or brothers who are unable to earn a living, or for his unmarried or unemployed sister or sisters, provided that this is proven by a decision from the competent authority in the country. e. The sole responsible for some of his ancestors or descendants who suffer from severe disabilities or illnesses that prevent them from supporting themselves, provided that this is proven by a decision from the competent authority in the country. f. The responsible for supporting those entitled to a share of the martyr pension and those in a similar situation, provided that this is proven by a decision from the Competent Authority in the State. g. The most deserving of recruitment are the children of those missing due to military, police or security operations and those in their position according to the provisions of the law,

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Federal Law of 2014 on the National and Reserve Service 10 so that the status of these missing persons is determined. If they do not have deserving children, then the most deserving of recruitment is their brothers. h. The person sentenced to a custodial sentence or held in pretrial detention for the duration of the sentence or pretrial detention. i. Any person who is temporarily medically unfit by a decision of the Medical Committee. 3. Anyone whose reason for temporary exemption has been removed must present himself to the competent recruitment authorities within thirty days from the date of the removal of the reason to be treated in accordance with the provisions of this law. 4. In exception of the provisions of this Law, whoever was subject to temporary exemption shall be required to perform national service until he reaches the age of forty. 5. The Executive Regulation of this Law shall determine the Competent Authority for applying this Article. Postponement of National Service

Article (14) 1. National military service shall be postponed in peace time for students of educational institutions in the State or their equivalent abroad until they obtain the academic qualification for which the national service has been postponed, in any of the following events: a. The age shall not exceed twenty-nine years for students of universities, colleges, institutes and training centers in which the duration of study or training is two years or more. b. If the student reaches the age of eighteen and has not completed public secondary education and continues to attend a day school. c. If he is sent to study inside or outside the State after completing the basic training period of the national military service; and he may be obligated to repeat the basic training period after completing the study. 2. If the student in the final stage reaches the maximum age referred to in Paragraph (a) of Clause (1) of this Article, the postponement of his military service shall continue until the end of this

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Federal Law of 2014 on the National and Reserve Service 11 stage for one time; and he shall not be exempted from joining the national military service even if he exceeds the specified age in accordance with the provisions of this Law. 3. The Armed Forces shall, in agreement with educational institutions, determine the manner and mechanism to inform the authorities competent with recruitment of the names of students or trainees and all matters concerning their position on studying or training until they obtain the qualification or reach the maximum age referred to.

Article (16) 1. The term of National Service shall be taken into consideration for such recruits who are appointed, during their term of National Service, at the ministries, government departments and the federal or local public authorities and corporations as well as the private sector as if such period is spent at the service of such entities and such period shall be calculated within seniority and the entitlement for the prescribed raises. 2. If the recruit is appointed at the ministries, government departments and the federal or local public authorities and corporations as well as the private sector after the expiry of the National Service, the term of National Service shall be combined with his actual service specified for the purposes of retirement benefit and pension and other rights and merits resulting from the job. 3. The costs of the combination of service stipulated by Clauses 1 and 2 of this Article shall be borne by the Armed Forces in accordance with the laws and regulations applicable at the Armed Forces.

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Federal Law of 2014 on the National and Reserve Service 12

Article (20) 1. Enlisting in the reserve shall be mandatory for such persons who appear in Clauses 1, 2 and 3 and optional for such who appear in Clause 4 of Article 19 of this Law. 2. Enlisting in the reserve shall be made if the conditions of enlisting in the reserve service are available in accordance with this Law and the executive regulations, resolutions and orders thereof. 3. Such persons referred to by Article 19 of this Law shall fill in the form made for enlisting in the Reserve Service and shall update his data continuously in accordance with the controls specified by a resolution issued by the entities referred to by Article 6 of this Law, each according to the jurisdiction thereof.

Article (22) 1. The reserve forces shall be summoned in the following cases: a. For the purposes of training or drills. b. For joining reserve qualification courses. c. For conducting experiments regarding such arrangements adopted for the general mobilization or partial mobilization. d. In cases of General Mobilization or Partial Mobilization, war, declaration of martial law or any other danger threatening the State. e. Any other case determined by the Supreme Commander. 2. The summoning and the extension, postponement or expiry thereof shall be made in the cases stipulated in Paragraphs (a and b) of Clause 1 by the entities specified by Article 6 of this Law each according to its jurisdiction and the two cases stipulated in paragraph (c and e) by a resolution of the Supreme Commander or the delegate thereof and in the case stipulated in paragraph (d) by a resolution issued by the Supreme Council for National Security.

Article (23) 1. Ministries, government departments and the federal or local public authorities and corporations as well as the private sector shall be committed to allow their employees and workers included by reserve to enlist in the Reserve Service when an order of summoning is issued and to return to their jobs after the end of the summoning period, providing that a proof of joining the service shall be submitted. 2. Whoever summoned shall join the service of the entity where he was a recruit or such specified to him by the entities referred to by Article 6 of this Law, as the case shall be, once the order of summoning him is issued. 3. The Chief of Staff shall issue the controls related to the regulation of the summoning order execution.

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Federal Law of 2014 on the National and Reserve Service 15

Article (26) The reserve service shall be terminated in any of the following events: 1. Reaching the age of 60 as for officers and the age of 58 as for personnel; and it shall be permissible to extend the service – upon their request – provided that they fulfill the conditions prescribed by this Law. 2. Reaching the age of 45 as for officers and personnel who are recruits of the national service; and the armed forces may call upon them after reaching the said age in accordance with the requirements of public interest. 3. If it is proven that a person is medically unfit for performing reserve service. 4. If he becomes a threat to the State security. 5. Recommendation of the committee referred to by Article 33 of this Law. 6. If he lost the nationality of the State.

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Federal Law of 2014 on the National and Reserve Service 16 Chapter Three General Provisions

Article (28) 1. The ministries, government departments, federal and local public authorities and institutions in addition to the private sector shall be obligated to maintain the job or equal work of any of its employees or workers who are recruited or recalled for military service until such persons finish the national military service period or the recall period. The job or work of the employee recruited or recalled may be occupied temporarily during this period. 2. The employee shall receive from his employer throughout the period of his service in the national military service or the period of his recall all his dues, including the salary, bonuses, allowances, promotions and increases in salary and its full package as if he is actually on the job. The period of his service in his original job or work is considered continuous. The duration of the national military service period and recall shall be calculated within the period specified for the purposes of remuneration or pension and other rights and privileges arising from the job or work. 3. The worker in the private sector shall receive, during the duration of the national military service or recall, a monthly wage as follows: a. The employer shall pay the worker his total monthly full wage, including all his bonuses and allowances, as if he is actually on the job. b. The Armed Forces shall be liable to the employer to pay a percentage of the worker's full monthly wage according to the annual table issued by the Armed Forces for various

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Federal Law of 2014 on the National and Reserve Service 17 business sectors, according to the requirements of the public interest. The Armed Forces shall determine the method of payment of the amount to the concerned employer, provided that such amount shall not exceed the maximum amount stated in the table, regardless of the value of the wage received by the worker. c. The period of the worker's service in his original job or work shall be considered continuous; and the duration of the national military service period and recall shall be calculated within the period specified for the purposes of remuneration or pension and other rights and privileges arising from the job or work. 4. Persons who are self-employed or owners of individual projects who are recruited or recalled shall receive a monthly remuneration; and the Executive Regulation shall specify the controls and conditions required to disburse such remuneration.

Article (30) 1. The provisions of the laws of retirement, pensions and social security, to which the employees and workers are subject at their employers, shall apply to them during their term of National Service, or period of summoning in cases of injury, decease or loss. 2. A recruit or summoned, who is not subject to the laws of retirement, pensions and social security in force in the State shall be subject to the laws of retirement, pensions and social security applicable at the entity where he is performing the National Service or summoning period, if he is injured, deceased or lost during the performing of such service and he shall be

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Federal Law of 2014 on the National and Reserve Service 18 treated the same as the employee or soldier as per the employment grade or military rank granted at such entities on the basis of the educational qualification he has. 3. The provisions of the laws of retirement, pensions and social security applicable at any of the entities referred to by Article 6 of this Law shall be applied, as the case shall be, to the recruit or summoned in cases of martyrdom or injury during warfare operations.

Article (36) 1. Anyone who, without a legitimate excuse, fails to present himself to the Competent Recruitment Authorities, or does not complete his recruitment procedures within the period allocated for that, or does not join the course prescribed for him in accordance with the following, shall be punished with imprisonment: a. Imprisonment for a period of not less than one month and not more than six months for the first time default. b. Imprisonment for a period of not less than six months and not more than six months for the second time default. c. Imprisonment for a period of not less than one year and not more than three years in the event of failure to comply more than twice. 2. The imposition of the penalties stipulated in Clause (1) shall not prevent him from being included in national service, even if he exceeds the specified age. 3. In all cases, if the sentence imposed is less than six months, it shall be executed in one of the camps designated for this purpose in the Armed Forces. 4. Any person obligated to perform national service who evades or attempts to evade it through fraud or by causing injuries to himself that render him medically unfit for national service or by submitting documents that contradict the truth, resulting in his being excluded, exempted, postponed or avoided from national service without justification, shall be punished by temporary imprisonment and a fine of not less than (500,000) five hundred thousand

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Federal Law of 2014 on the National and Reserve Service 20 dirhams and not more than (1,000,000) one million dirhams, or by either of these two penalties. The imposition of this penalty shall not prevent his enrolment in national service even if he exceeds the specified age.

Article (37) 1. Anyone who fails to report to the reserve without a legitimate excuse to respond to the summons pursuant to Paragraph (a) of Clause (1) of Article (22) of this Law shall be punished with imprisonment, in accordance with the following: a. Imprisonment for a period of not less than one month and not more than three months for the first time default. b. Imprisonment for a period of not less than three months and not more than six months for the second time default. c. Imprisonment for a period of not less than six months and not more than one year in the event of failure to comply more than twice. 2. Anyone who fails to report to the reserve without a legitimate excuse to respond to the summons pursuant to Paragraph (b, c, e) of Clause (1) of Article (22) of this Law shall be punished with imprisonment for a period not less than one month. 3. The penalty shall be imprisonment for a period of not less than three years and not more than ten years if he is summoned pursuant to paragraph (d) of the same aforementioned article.

Article (40) 1. Where no special provision is made this law and in such a manner as to avoid any conflict with the provisions hereof, the laws, decisions, regulations, rules, instructions, and orders in force at the body in which they serve which referred to in Article (6) of this law shall apply to conscripts and reservists throughout the period of national and reserve service and the summons period. 2. As an exception to the provision of Clause No. (1) of this Article, the Armed Forces may, if the conscripts or reservists commit dishonorable acts that harm the reputation of the Armed

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Federal Law of 2014 on the National and Reserve Service 22 Forces or the bodies they serve, shall be sanctioned by one of the disciplinary sanctions applicable in the Armed Forces, unless the bodies in which they serve has sanctioned them. 3. Subject to the provisions of Clause (2) of this Article, conscripts or reservists in the armed forces shall be sanctioned by military commanders or officers, based on the powers granted to them in imposing disciplinary sanctions.