1. Every employee who violates the duties stipulated in this law, rules, regulations and decisions issued for its implementation or who deviates from the requirement of duty in the work of his position shall be subject to disciplinary procedures without prejudice to civil or criminal liability when necessary. The employee shall not be exempted from the disciplinary penalty unless he proves that committing these violations related to the job was in implementation of a written order issued by his manager despite of his warning in writing of the violation, in which case the issuer of the order shall be the responsible.
2. The government authority or the disciplinary board, as the case may be, if it appears that what the employee has committed involves a criminal offense, must inform the relevant criminal authorities.
1. It may not impose a penalty on the employee only after conducting a written investigation with him in which his statements are heard and verify of his defense. The resolution issued to impose the penalty must be justified.
2. The Executive Regulations shall specify the functional violations, whenever possible, and the penalty prescribed for each of them, the investigation procedures, the imposition of disciplinary penalties and the grievance against them.
1. The chairman of the government authority or his representative may suspend the employee from working provisionally if the interest of investigation so requires for a period not exceeding one month. And such period may not be extended except by a resolution of the disciplinary board, and the party who issued the suspension resolution may reconsider it at any time, whether by himself or at the request of the employee.
2. the suspension of the employee from his work shall not affect his total salary.
Every employee who is remanded in custody shall be suspended from work throughout the period of his imprisonment, without prejudice to his total salary.
Every employee who serves a custodial penalty in implementation of civil or criminal judgment in a felony or misdemeanor not prejudicial to honor or honesty shall be suspended from his work by force of law, and he shall be deprived of his total salary for the period of his imprisonment, and he may not be promoted during that period or give him any allowance or increases, and that period shall not be inserted in the term of his service.
Every employee who is brought to criminal trial for a felony or misdemeanor involving moral turpitude or dishonesty shall not be promoted until the end of his trial.
1. Notwithstanding what is stated in Clause (3) of Article (10) of Law No. (23) of 2006 referred to, the occupants of executive management positions shall be referred to discipline by a decision of the Executive Council or its authorized representative.
2. The Executive Management staff regulation shall specify disciplinary guarantees, rules and procedures, and the authority to impose a penalty and file a grievance against it.
Disciplinary penalties that may be imposed on the employee are:
1. Draw attention.
2. Written warning.
3. Deduction from the salary for a period not exceeding fifteen days at a time and not exceeding sixty days during one year.
4. Deprivation of the annual bonus.
5. Suspension from work without a total salary, with the exception of housing allowance, for a period not more than one month.
6. Suspension from work without a total salary, with the exception of housing allowance, for a period not less than one month and not more than three months.
7. Dismissal from the job while preserving the right to a pension or reward.
The chairman of the government authority has the authority to impose one of the penalties stipulated in items (1, 2, 3) of the previous article of this law on employees whose grades are below the executive management.
2. The chairman of the government authority may delegate the authority to impose one of the penalties stipulated in clauses (1), (2) and (3) of the previous article to the line manager of the employee or those who are occupying higher positions with simplified disciplinary procedures. The executive regulations shall limit the violations covered by the provisions of this paragraph and specify its penalties, procedures required to impose it and grievances against them.
3. The Disciplinary Board may impose one of the penalties referred to in clauses (7,6,5,4) of the previous article of this law on employees whose grades are below the executive management.
The imposition of disciplinary penalties on violations committed by an employee whose grade is below the executive management and who is seconded or delegated to work for another authority shall be within the jurisdiction of the authority to which he is seconded or delegated, provided that the original authority shall be notified of the violations and disciplinary sanctions that have been imposed on him.
One or more disciplinary boards shall be formed under a resolution of the Authority who shall be specialized in holding employees accountable whose grades are below the executive management. The disciplinary board shall consist of at least three members of the first grade or above, taking into account that the grade of any of them shall not be less than the grade of the employee referred to the disciplinary trial.
1. The employee whose grade is below the executive management shall be referred to the disciplinary board under a resolution of the chairman of the government authority.
2. It is required that the referral resolution must include a statement of the assigned facts and the date of the hearing, and the employee shall be notified in writing thereof.
3. The resignation of employee shall not prevent him from proceeding with disciplinary accountability procedures. It is prohibited to accept the resignation if the employee has been referred to the disciplinary board.
4. The executive regulations shall specify the rules, conditions and procedures for convening the disciplinary boards and how to take their decisions.
The meeting of the Disciplinary Board shall not be valid unless all its members are present, and the decisions of the Disciplinary Board shall be issued by a majority of opinions. The Disciplinary Board shall not be held only after passing at least one week from the date of notifying the employee of a statement of the violations attributed to him.
The employee referred to the Disciplinary Board has the right to review the documents related to the accusation attributed to him, and he may obtain a copy of these documents if he so requests. He also has the right to appear before the Disciplinary Board by himself or his attorney delegated by him to present his defense.
The Disciplinary Board may complete the investigation by itself, and it shall have the powers granted to the investigation authorities including verifying of evidences and hearing the witnesses after taking the oath.
The resolution of the Disciplinary Board shall be issued based on the reasons under which it was relied, and it shall be pronounced in the hearing scheduled for this purpose. The employee shall be notified of the resolution and its reasons in writing within two weeks of its issuance.
1. A committee called “the Complaints and Grievances Committee” shall be formed under a resolution of the chairman of the Government Authority to investigate and consider the complaints and grievances of the employee.
2. The administrative resolutions related to job affairs issued in implementation of the provisions of this law may be appealed to the Authority that issued such resolutions within (15) working days from the date of reviewing such resolutions.
3. In all cases, the Complaints and Grievances Committee shall review the complaints or grievances and present its recommendations to the chairman of the government authority, and the chairman of the government authority shall issue his resolution in this regard.
4. The Executive Regulations shall specify the rules and procedures for reviewing and examining the complaints and grievances and deciding thereof.
One or more committees called the “Objections Committee” shall be formed under the resolution of the Executive Council, and this committee shall be chaired by a judge delegated from the Judicial Department in the Emirate of Abu Dhabi, and at least two members with experience, to review and consider the complaints and grievances submitted to it. The committee shall issue its resolution within a period not exceeding 30 working days from the date of providing the data of the complaint or grievance, and its resolution in this regard shall be deemed final, and in case of lapsing that period without making a decision on the complaint or grievance, it shall be considered rejected.
1. Notwithstanding the penalties stipulated in Clause (2) of Article (63), the employee may file a grievance before the Objections Committee against the resolution of the chairman of the government authority or his representative issued to impose disciplinary penalties. The employee must file a grievance with his employer before resorting to the Objections Committee within fifteen working days from the date of deciding on the complaint or grievance.
2. The employee may file a grievance before the Objections Committee against the resolution of the Disciplinary Board during fifteen working days from the date of notifying the employee of the penalty.
3. The employee may file a grievance before the Court of First Instance within thirty days from the date of issuing the resolution of the Objections Committee.
1. With the exception of violations of financial and administrative corruption, the disciplinary case for the employee in service shall be lapsed after lapsing three years from the date of the violation, and this period shall be interrupted by taking any measure of investigation, accusation or trial, and the period shall apply again from the date of the last procedure. If there are several employees, the interruption of the period with respect to one of them, it shall result in its interruption to others, even if no conclusive measures have been taken against them for the period.
2. However, if the act constitutes a criminal offence, the disciplinary action shall not lapse unless the criminal action is lapsed.
The disciplinary action expires if the employee is died.
Disciplinary penalties imposed on the employee shall be cancelled after the expiry of the following periods:
1. Three months in case of drawing the attention.
2. Six months in case of written warning.
3. Nine months in case of salary deduction.
4. One year in case of deprivation from the annual bonus.
5. One year and six months in case of suspension from work.
The aforementioned periods shall be calculated from the date of imposing the penalty
Disciplinary penalties shall be cancelled under a resolution of the chairman of the government authority or his authorized representative if the efficiency reports submitted by the employee whose grade is below the executive management during the periods specified in the previous article of this law with the highest evaluation degree in accordance with the conditions specified by the executive regulations. The cancelation of the penalty may lead to consider it as if it did not exist in relation to the future, and this shall not affect the rights and compensations that arose as a result thereof