UAE Labour / Employment LawCabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government

Article (1) For the purpose of applying the provisions of this Resolution, and unless the context requires otherwise, the following words and expressions shall have the meanings assigned thereto respectively: Federal Entity : Any ministry established in accordance with Federal Law No. (1) of 1972 concerning the Competences of Ministries and the Powers of Ministers, as amended, as well as any authority, institution or regulatory agencies affiliated to the Federal Government. Head of the Federal Entity : The Minister, the Chairman of the Board of Directors, the Head of the Entity, or the like, as the case may be.

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Cabinet Resolution of 2023 Concerning Full-Time Self-Employment Le…

Article (2) Scope of Application This Resolution shall apply to the Federal Entities, except for companied owned by the Federal Government.

Article (3) The Authority Competent to Grant the Leave The Head of the Federal Entity may grant the leave to the employee in accordance with the conditions and controls set forth in this Resolution.

Article (4) Conditions and Controls for Granting the Leave In order for the leave to be granted, the following conditions shall be met: 1. The employee’s purpose of the leave shall be to establish his economic enterprise in the private sector, manage an existing enterprise or participate with others in establishing an economic enterprise. 2. The employee shall obtain the necessary licenses for his economic enterprise from the competent authorities in the State, has documents proving that he has initiated or is initiating the procedures necessary for obtaining the required licenses, or prove that he has a previous

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Cabinet Resolution of 2023 Concerning Full-Time Self-Employment…

Article (5) Duration of Leave and Allocations 1. The leave shall be granted to the employee once only throughout the period of his service in the federal government. The duration of such leave shall be one (1) year, during which the employee shall receive 50% of their total salary. Allowances and benefits associated with the position shall not be disbursed, with the exception of the Child Allowance, which shall be paid in accordance with the approved rules throughout the duration of the leave. 2. The Head of the entity may, based on the results of the project and in a manner consistent with the interest of work, extend the leave for a maximum period of one additional year, with the same fina…

Article (6) The Number of Employees Eligible for Obtaining the Leave The Authority shall specify the number or ratio of the employees eligible for the leave on an annual basis at the level of the Federal Government in accordance with the interest of work.

Article (6) bis Obligations of Federal Entities Federal entities shall comply with the following: 1. Undertaking prior financial planning to ensure coverage of the financial costs arising from the granting of the leave, within the limits of the approved financial appropriations in their respective budgets. 2. Not requesting the creation of new positions to appoint a replacement for the employee granted leave. 3. Refraining from reappointing the employee benefiting from the leave in their entity or any other federal entity, if they resign after the leave, and a period of two years has not elapsed from the date of resignation. 4. Bearing the financial costs arising from the employee’s return t…

Article (7) Duties of Employees The employee shall continue in his workplace after obtaining the approval of the leave for a period of not less than the notice period prescribed for his job grade according to the contract concluded with him, provided that all the tasks assigned to him are handed over to another employee during such period, and such period is not included in the leave period. The head of the Federal Entity or whomever he authorizes may cancel or reduce the aforementioned period, as required by the interest of work in the Federal Entity.

Article (8) Termination of the Leave The leave period shall expire in the following cases: 1. Upon expiration of the approved leave period; or 2. At the request of the employee and the approval of the head of the Federal Entity or any person authorized thereby.

Article (9) Combined Leaves The employee may combine this leave with the leave without pay and annual leave.

Article (10) General Provisions 1. During the leave period, the employee shall be subject to the provisions of Law of Human Resources in the Federal Government and its Executive Regulations, and all the resolutions issued based thereon. 2. During the leave, the employee shall not be entitled to the annual leave or any type of promotion, incentives, bonuses, or any other type of leave or promotions.

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Cabinet Resolution of 2023 Concerning Full-Time Self-Employment Leave for Federal Government Employees 6 3. Official holidays or any other holidays during the leave period shall be considered as part of it and the employee shall not be granted an extension or compensation therefor.…

Article (11) Implementing Resolutions The Chairman of the Authority shall issue the resolutions and manuals necessary for the implementation of this Resolution. To this end, he may amend the conditions and controls contained in this Resolution as required by the interest of work in the Federal Government.

Article (12) Publication and Enforcement This Resolution shall be published in the Official Gazette and shall enter into force as of 01/01/2023. Mohammed bin Rashid Al-Maktoum Prime Minister Issued by Us On: 10 Shaaban 1444 A.H. Corresponding to: 02 March 2023 AD

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