UAE Labour / Employment LawFederal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government

Article (1) Definitions In applying the provisions of this Law by Decree, the following words and expressions shall have the meanings assigned to each of them, unless the context stipulates otherwise: State : The Council of Ministers of the United Arab Emirates Cabinet : The Central Bank of the United Arab Emirates

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Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 2 Federal Government : The Government of the United Arab Emirates Federal Entities : Any ministry established in accordance with Federal Law No. (1) of 1972 Concerning the functions of ministries and the powers of ministers, and its amendments, as well as any federal authority, institution or regulatory bodies affiliated with the federal government. Chairman of the Federal Entity : The Minister, the Chairman of the Board of Directors (BOD), the Head of the Entity, or the like, as the case may be. Authority : The Federal Authority for Government Human Resources (FAHR) Competent Authority : The authority entrusted with appointment powers Human Resources Department : The administrative unit concerned with human resources in the federal entity Employee : A person who occupies a position in the federal entity according to the human resources mechanisms and procedures approved by the federal government. Citizen : A natural person who holds the nationality of the United Arab Emirates. General cadre : Employees of the federal entities who are subject to unified grade and salary scales approved by the Council of Ministers by Resolution No. (23) of 2012

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Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 3 or any subsequent amendments thereto. Basic Salary : The salary determined for the beginning of the job grade scale and any increases thereof. Gross salary : The basic salary in addition to the approved bonuses and allowances that the employee receives. Year : The calendar year Month : A unit of time of thirty days Working day : The official working day Employment Contract : The contract that shall regulate the job relationship between the employee and any federal entity Notice period : The notice period specified in the employment contract, which requires both parties to abide by the contract in case either of them wishes to terminate it. Line Manager : The person in charge of the organisational unit in which the employee works. Medical Authority : Any federal or local government entity concerned with health affairs or any private health facility licensed to provide health services in the State Medical Committee : The medical committee to be formed by a resolution of the Minister of Health and Community Protection

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Article (2) Scope of Application 1. The provisions of this Law by Decree shall apply to civil servants in federal entities, including entities whose establishment legislation stipulates the existence of independent human resources regulations. 2. Federal entities and their employees shall be excluded from the application of the provisions of this Law by Decree, that shall be excluded by a resolution of the Council of Ministers, provided that the exception resolution shall specify the provisions and obligations of these entities, with the obligation of these entities to provide the following data to the human resources working for them, including wages and salaries and all procedures related to human resources, by linking with the laws approved by the FAHR.

Article (3) Human Resources Management Tasks 1. The Human Resources Department in the federal entities shall implement and apply the provisions stipulated herein and any resolutions or regulations issued for its implementation. 2. The organisational units concerned with each federal entity shall refer to this Department in all technical matters related to human resources. 3. The Human Resources Department in the federal entity shall refer to the FAHR in matters it encounters when implementing the provisions thereof and the resolutions and regulations issued for its implementation. 4. The concerned organisational units of the federal entity shall abide by the principles and policies stipulated herein and ensure that they shall be applied to employees in a fair and equal manner, with the aim of creating a work environment that stimulates performance.

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Article (6) Recruitment Patterns 1. Recruitment in federal entities shall be according to one of the following employment patterns: a. Full-time: Working for one federal entity for the full daily working hours throughout the official working days, whether from the workplace, remotely, or in a hybrid work mode based on the employment contract or what is agreed upon between the federal entity and the employee. b. Part-time: Working for a federal entity for a specific number of working hours or days scheduled for work, whether from the workplace, remotely, or in a hybrid work style, based on the employment contract or what shall be agreed upon between the federal entity and the employee. c. Temporary work: The work whose implementation nature requires a specific period, or it focuses on work in itself and ends with its completion. d. Flexible work: The work whose hours or working days change according to the

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Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 6 volume of work and the economic and operational variables at the employer, and the employee may work for the employer at variable times according to the working conditions. 2. It is permissible, based on the FAHR recommendation, by a resolution of the Council of Ministers - to amend the employment patterns mentioned in this Article, add other patterns, or cancel any of them. 3. The Executive Regulations herein shall specify the provisions for each type of employment mentioned in this Article, the conditions for appointment thereto, the types of contracts related to each of them, their forms, their durations, and any other aspects related to employment in the federal government, as well as the cases in which it is permissible to combine more than employment pattern with more than one employer and its controls.

Article (8) Appointment to Jobs 1. Nationals of the State shall have priority in being appointed to any of the vacant jobs at the federal authorities. Non-nationals may be appointed in the absence of citizens who meet the conditions and requirements of the vacant job. 2. It is not permissible to appoint employees who have some marital or kinship relationship

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Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 7 in the federal entity except within the limits of the conditions specified by the Executive Regulation herein. 3. Discrimination between persons on the basis of race, colour, sex, religion, national or social origin, or disability, which has the effect of impairing equality of opportunity or impairing equality in obtaining or maintaining employment and enjoyment of its rights, shall be prohibited. Discrimination is prohibited in jobs with the same job functions. The measures taken by the federal government concerning benefiting from the capabilities of Emirates cadres and enhancing their competitiveness in the federal entities shall not be considered discrimination.

Article (9) Probationary Duration 1. The Employee appointed for the first time shall be subject to a probationary duration of (6) six months, which can be extended for a similar period if the employee performance during the first period is low. The Council of Ministers may exempt or reduce that period for those appointed at the rank of under-secretary, general manager, or the like in the federal entities. 2. By a competent authority resolution for the appointment, the Employee transferred from an external party may be subjected to the probationary period referred to in Clause (1) of this Article. 3. The Line Manager shall conduct a careful follow-up to evaluate the performance and behaviour of the Employee regularly, as determined by the Executive Regulations herein. 4. During the probationary duration, the service of the Employee may be terminated if it is proved that he is incompetent or unfit to carry out his job duties or because of his poor performance by a resolution of the authority concerned with the appointment, in accordance with the approved mechanisms, provided that he shall be given a notice period of not less than (5) five working days. 5. An Employee may resign from his job during the probationary duration, provided that he shall notify his Employer through his direct supervisor within a period of no less than (5) five working days.

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Article (10) Scale and Salary Scales 1. All grade and salary scales of federal entities shall be approved by the Council of Ministers as follows: a. As for the scales of grades and salaries of the general staff, they shall be proposed by the FAHR in coordination with the Ministry of Finance and submitted to the Council of Ministers for approval. b. As for the scales of grades and salaries of other cadres, they shall be proposed by the concerned authority and submitted to the Council of Ministers after reviewing by the FAHR and the Ministry of Finance. 2. Upon his appointment, the Employee shall be granted a starting salary equal to the grade for the job for which he is appointed. He may also be given a higher salary according to what is determined by the Executive Regulations herein in the event that he has the more elevated experience, qualifications or skills and in accordance with the controls and mechanisms specified by the job evaluation and description law or any other supported systems. 3. The gross salary shall be approved within the grades and salaries scale. 4. The federal entities shall abide by the scale of grades and salaries approved by them in accordance with the provisions herein. No exceptions or amendments may be made to it, or any new bonuses, allowances, bonuses, annual financial grants, or other amendments may be approved except after the approval of the Council of Ministers. 5. The scales of grades, salaries, and allowances approved by the federal entities prior to the entry into force of the provisions herein shall continue to work, and no amendment may be made to them except by a resolution of the Council of Ministers.

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Article (13) Transfer, Assignment, Secondment and Borrowing 1. An Employee may be transferred from a federal entity to another federal entity or a local entity without prejudice to his financial entitlements unless he agrees to the transfer or the transfer is at his request, and he may not be transferred to the private sector except at his request. 2. The Employee may be delegated within the federal entity or to another federal entity. 3. An Employee may be seconded to any federal or local entity, to companies owned by the federal government, to the private sector, or international bodies and organisations, and any of the employees of those entities may be seconded to the federal government. In all cases, the Executive Regulations herein shall regulate all provisions and controls relating to transfer, assignment, secondment and borrowing.

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Article (15) Training and Scholarships 1. Federal entities shall preserve trained and qualified human resources, train their employees and develop their knowledge, skills, and job capabilities in accordance with the training and development law issued by the Council of Ministers based on a proposal by the FAHR. 2. The federal authorities may provide care for the following groups: a. National high school graduates to study some vocational and technical disciplines. b. Some national employees work for it to complete their university or postgraduate studies or obtain accredited professional certificates, according to their job and professional needs. In all cases, the Executive Regulations herein shall specify any conditions or controls related to the care of national employees.

Article (17) Leaves 1. Leaves shall be classified according to the provisions herein as follows: a. Annual leave; b. Maternity Leave; c. Parental leave; d. Sick Leave; e. Bereavement leave; f. Study leave; g. Performing national and reserve service leave; and h. Leave without pay. 2. An Employee may not stop working, except within the limits of his approved leave periods, or with an acceptable excuse accepted by the entity in accordance with the provisions herein, its Executive Regulations, and the implementing regulatory resolutions for them; otherwise, the interruption from work is considered an absence without an acceptable excuse and a reason for termination of service in accordance with the provisions herein. 3. The Council of Ministers may decide on other types of leave such as waiting period leave, pilgrimage leave, patient escort leave and other leaves, and regulate the procedures and rules for granting and entitlement thereto.

Article (18) Annual Leave 1. The Employee appointed according to the full-time pattern shall be entitled to annual leave with a total salary as follows: a. (30) Thirty working days for the incumbents of the special grade (B) or above. b. (22) Twenty-two working days for the rest of the jobs. 2. An Employee may take the annual leave all at once or divide it into different periods after

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Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 12 obtaining the approval of his Line Manager. He may also combine the annual leave with any other leave he is entitled to in accordance with the provisions stipulated herein. 3. The Executive Regulations herein shall determine the number of annual leave days that an employee may carry over or compensate for and the mechanism for entitlement to annual leave for employees working in other employment modes.

Article (21) Sick Leave 1. An Employee sick leave shall be authorised according to a medical report approved by an official medical authority for a period not exceeding (5) five consecutive working days at a time and a maximum of (15) fifteen working days per year. If the duration of the illness exceeds that, the authorisation for such leave shall be based on a medical report issued by the Medical Committee. 2. The fifteen (15) working days shall be the first with a gross salary, and any period exceeding that shall be deducted from the balance of the Employee annual leave if he has a balance, and if he does not have a balance, it shall be considered without a salary. 3. If the Employee exceeds (15) fifteen working days in a year, the federal entity shall refer the employee to the medical committee to decide what it deems appropriate regarding his health condition. 4. The Employee sick condition shall be reviewed if it lasts for a period of more than (6) six months. In this case, the medical committee shall decide to extend this leave for a period not exceeding (6) additional six months or recommend termination of his services for lack of health fitness. 5. Job-related illnesses and chronic illnesses that the Ministry of Health and Prevention determines in coordination with the FAHR and sicknesses in which the medical committee decides to prevent the employee from carrying out his job duties for the period specified by the committee shall be excluded from the application of the provisions of Clause (2) of this Article, where the employee shall be paid in these cases, his gross salary for the duration of the sick leave. The Executive Regulations shall specify the maximum leave period in these cases. In all cases, the Executive Regulations herein shall specify the controls for granting and extending this leave and other related provisions.

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Article (23) Study Leave and Exam Leave 1. The head of the federal entity or his authorised representative may grant the national employee a paid study leave on a full-time or part-time basis in order to obtain a qualification higher than the general secondary certificate from educational institutions accredited by the Ministry of Education, provided that the qualification shall meet the needs of the federal entity. 2. The head of the federal entity or his authorized representative may grant the citizen employee registered in any of the learning programmes - in-person or remotely in educational institutions accredited by the Ministry of Education, whether inside or outside the State, leave with a gross salary to perform the semester and annual exams, provided that its duration shall be determined the actual days of the exams. 3. The Executive Regulations herein shall determine the terms, conditions, and controls for granting a study leave.

Article (26) Work Relationships 1. Federal entities shall create a motivating and empowering work environment that enables all its employees and organisational units to achieve the highest levels of performance and results and contributes to achieving the government goals, and shall be characterised by the following: a. Providing outstanding and innovative suggestions and ideas easily; b. Providing equal opportunities for staff development; c. Achieving security and justice, and meeting the basic requirements of the Employee; d. Considering the cultural diversity and individual differences of employees; and e. Fulfilling occupational health and safety requirements. 2. The Employee shall maintain the buildings, vehicles, devices, equipment, and other public property owned by the federal entity and use them for work purposes, and in accordance with the applicable legislation and regulations.

Article (27) The Employee Professional Ethics and Obligations The Employee shall act in an appropriate manner consistent with the standards of behavior adopted for public positions, as determined by the Professional Conduct and Ethics document of the public position issued by the Council of Ministers based on the FAHR proposal, and he shall, in particular, adhere to the following:

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Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 16 1. Respecting laws, systems and regulations related to the performance of job duties and responsibilities, and abide by the legislation in force in the State; 2. Performing the tasks entrusted to him with accuracy, care and integrity in order to achieve the goals and interests of the federal entity in which he works; 3. Exercising job duties in good faith, free of malicious intent or negligence that may cause violation of the provisions herein, its Executive Regulations or resolutions implementing them, or harm the public interest; 4. Providing distinguished services to all clients in a professional, balanced manner characterised by friendliness and love of assistance; 5. Acting in a way that preserves the reputation of the government in general and the entity in which he works in particular; 6. Adhering to the highest ethical standards in his behaviour and conduct; 7. Respecting the rights and duties of co-workers and treat them with courtesy; 8. Using public funds as required by honesty, diligence, and avoiding waste; 9. Adhering to the information security law in the federal entities; 10. Not to exploiting the information obtained during the performance of his job duties; 11. Adhering to the terms and conditions for the use of social media by federal employees; 12. Not accepting any bribes; 13. Not to accept gifts except in accordance with the controls specified by the Executive Regulations of this Law by Decree. 14. Not to exploit his position, or the relationships that he establishes during his work in order to influence or improperly interfere in the procedures carried out by the competent investigation authorities, whether from within or outside the federal entity; and 15. Adhering to any other relevant regulations issued by the Council of Ministers in this regard.

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Article (28) Disclosure of information and delivery of documents and materials 1. An Employee shall be prohibited, during and after his term of service in the federal entity, from disclosing any confidential information, whether written, electronic, or oral, or in any form, unless he obtains prior written permission from his Employer, and whether that information is related to the federal entity with which he works or with any other entity, or with those who deal with these entities. 2. Upon termination of his service with the federal entity for any reason whatsoever, the Employee shall hand over to the federal entity all documents, files, materials, disks, and programmes he has, and any property belonging to the federal entity in which he works or belonging to any of the federal entities and other relevant entities, even if he did not include confidential information.

Article (29) Conflict of Interest An Employee shall, during the performance of his job duties, avoid any conflict of interest that may occur between his private activities and the interests of the government and its operations, and he shall also avoid any work in which any suspected conflict of interest may arise. He shall in particular, avoid the following: 1. Participation in any process or official resolution that directly or indirectly affects the success of a contractor or supplier who is one of his relatives up to the fourth degree, and kinship includes kinship and affinity. 2. Participation in any resolution that may lead to granting any benefits, lands, or licences to any of his relatives up to the fourth degree. 3. Participation in any official process or resolution that directly or indirectly affects the success of a supplier, contractor, or project in which the employee is a partner in any way, and that leads to his obtaining a percentage, share or material benefit, directly or indirectly.

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Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 18 4. Exploiting his position or leaking any information obtained by virtue of his work to achieve specific goals or get exceptional service or treatment from any party.

Article (34) Job Violations 1. Every employee who violates the duties stipulated herein or its Executive Regulations, or the resolutions implementing them, or deviates from what is required in the work of his position, shall be administratively punished with one of the penalties outlined in Article (35) herein without prejudice to civil liability or penal when necessary. The Employee shall not be exempted from administrative penalties unless he proves that his commission of job-related violations was in implementation of a written order issued to him by his direct boss or his employer, despite a written warning of the violation, and in this case, the responsibility lies with the source of this regard. 2. Criminal authorities shall be notified if it appears that what the Employee committed involves a criminal offence. 3. More than one administrative penalty may not be imposed on an Employee for the same act or violation. 4. The Employee resignation shall not prevent the continuation of the administrative procedures related to the violation committed by him, and the Employer may stop paying any financial dues to the Employee, until the completion of the investigation procedures and the issuance of a final resolution that he is not responsible.

Article (35) Administrative Penalties 1. The federal entity, in the event that the Employee commits any violation of the provisions herein, its Executive Regulations, or the resolutions implementing them, may impose the following administrative penalties: a. Linear attention;

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Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 20 b. Written warning; c. Deduction from the basic salary not exceeding (10) ten days wage for each violation and not exceeding (60) sixty days per year; d. Suspension from work without gross pay for a period of not less than one month and not more than (3) three months; and e. Dismissal from service while preserving the Employee right to a retirement pension or end-of-service gratuity. 2. The appropriate penalty shall be imposed on the Employee according to the severity and seriousness of the violation committed. The Executive Regulations herein shall regulate the mechanisms of investigation and disposal of these violations, as well as the mechanisms of their imposition.

Article (38) Service Termination Reasons The Employee service ends for any of the following reasons: 1. Failure to pass the probationary period successfully; 2. Functional incompetence; 3. Unfitness; 4. Absence from work without acceptable justification for a period of (10) ten consecutive working days or (20) twenty separate working days during one year; 5. Substitution to localise jobs for non-citizens; 6. Restructuring; 7. Dismissal by resolution of the Council of Ministers; 8. Issuance of a federal decree to terminate service; 9. Dismissal from service by a resolution related to an administrative offence or dismissal by a court ruling; 10. Convicted of a felony or misdemeanour violating honour, trust or morals; 11. Sentencing him to imprisonment for a period exceeding (3) three months in any felony or misdemeanour; 12. Withdrawing or forfeiting the nationality of the State from the Employee; 13. Not renewing or terminating the employment contract before its expiration date; 14. Resignation; 15. Reaching the retirement age; 16. Referral to retirement before reaching the legal age; and 17. Death. The hiring authority may decide not to terminate the service stipulated in Clause (4) herein when the Employee expresses an excuse, and the hiring authority accepts it. The period of absence, in this case shall be considered leave without pay. In all cases, the Executive Regulations herein shall specify the conditions and mechanisms related to each reason for termination of service mentioned in this Article.

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Article (39) Service Termination Authorisation Termination of service reasons mentioned in Article (38) herein shall be issued by a resolution of the competent authority for appointment, with the exception of the following: 1. Dismissal of the Employee in accordance with Clause (7) of Article (38) herein, in which a resolution is issued by the Council of Ministers, based on the recommendation of the head of the concerned federal entity, with the payment of the gross salary for the warning period prescribed for his grade, provided that this period shall not be counted among the duration of his service with the federal entity. 2. The termination of service due to death; a resolution shall be issued accordingly by the competent head of the federal entity or his authorised representative.

Article (41) Indemnity 1. The entitlements of the national employee shall be calculated at the end of his service in accordance with the provisions of Federal Law No. (7) of 1999 issuing the Pensions and Social Security Law and amendments thereof. 2. The Employee (non-national) appointed on a full-time basis shall be entitled, at the end of his service, to an end-of-service gratuity calculated according to the basic salary at the rate of: a. The basic salary for (21) days for each of the first five years; and b. The basic salary for (30) days for each year of more than this.

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Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 23 3. The Indemnity shall be calculated for the Employee who works in other modes of work based on a percentage and proportionality from the mechanism set forth in Clause (2) of this Article. 4. The Employee shall not be entitled to the indemnity if his service period in the federal entity is less than one continuous year. 5. For the purposes of calculating the indemnity, the warning period and the total number of days of due leave that the Employee has not used in accordance with the provisions herein shall be considered part of the period of service, and part of a month shall be considered a full month. 6. Subject to the Federal Law on Pensions and Social Security, the end-of-service gratuity shall be paid to the Employee who obtains the nationality of the State based on the last basic salary upon his acquisition of the State nationality, without prejudice to any agreement contained in the employment contract between the employee and the entity with regard to the wage for which the gratuity shall be calculated. 7. The Federal Entity shall have the right to deduct any amounts from the Employee indemnity, to pay the debts and obligations owed by him to the federal entity in accordance with the provisions of the applicable legislation. 8. The Council of Ministers may adopt other patterns and mechanisms for calculating and paying end-of-service remuneration and the rules for its disbursement.

Article (43) Grievance Committee 1. A Grievance Committee shall be established in each federal entity to consider employee grievances regarding penalties imposed on them by the Employer or any other procedures or resolutions taken against them. 2. The Executive Regulations herein shall regulate the procedures and duration for submitting a grievance, the provisions for the formation of the committee, its working mechanisms and the issuance of its resolutions, and other provisions related thereto. 3. The Employee shall complain about the resolutions issued in his regard before the Grievance Committee before objecting thereto, and submitting the grievance shall not result in stopping the implementation of the resolution complained of. 4. The Federal Entity shall be committed to the resolution of the Grievance Committee and may not object to it in accordance with Article (44) herein. 5. The Grievance Committee shall issue its resolution not to accept the grievance if the applicant has no interest in it or if it is not submitted in accordance with the periods and procedures specified by the Executive Regulations herein.

Article (44) Objections Committee 1. By a resolution of the head of the FAHR, a committee called the "Objections Committee" shall be formed to consider objections submitted by federal government employees to the resolution of the Grievances Committee in accordance with the procedures, mechanisms and periods specified by the Executive Regulations herein. The resolutions issued by the Objections Committee shall be final. 2. The lawsuit filed by the Employee before the judiciary based on the provisions herein or its Executive Regulations or the resolutions issued for their implementation shall not be accepted if it was not preceded by resorting to the Grievances Committee and the Objections Committee within the periods and in accordance with the procedures and conditions specified by the Executive Regulations herein.

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Article (47) Final Provisions 1. The resolutions of the Council of Ministers issued prior to the issuance herein regarding the exception of some federal entities from the application of the Human Resources Law in the Federal Government or some of its provisions shall be considered valid unless the Council of Ministers decides otherwise. 2. The grade and salary scales approved prior to the entry into force of the provisions herein shall remain in force unless they are amended by the Council of Ministers.

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Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 26 3. The Council of Ministers may change the periods stipulated herein according to the changes and needs of the work, and what is required by the public interest.