Issuance of the Executive Regulations of the Human Resources Law in Abu Dhabi

The Human Resources Authority issued the Executive Regulations of the Human Resources Law in the Emirate of Abu Dhabi, after it was approved by the Executive Council of the Emirate of Abu Dhabi. The new regulation included a number of updates to its provisions to become more comprehensive and flexible in line with the developments and modern administrative changes and in line with the objectives of the Abu Dhabi government and the best international practices.

 

 

This regulation which came into effect from 5 April 2020, aims to enable government agencies to manage their affairs related to human resources with independence and broad powers, contribute to the development of their human resources, and enhance the principle of productivity and innovation, in a manner that enhances the level of motivation, raises the efficiency of performance and supports job stability in the system of government work in the Emirate.

 

The Authority confirmed that the draft regulation aims to support the aspirations of our rational leadership which is characterized by dynamism, accuracy, comprehensiveness and speed of achievement to keep pace with global developments and changes at all levels, to achieve leadership and competitiveness, especially in the government work system within advanced and flexible legislations and policies that are constantly updated, to enhance the effectiveness of government human resources and achieve the highest levels of productivity and look the future and its interim requirements.

 

The Authority also confirmed that the new regulation is a fundamental shift in the work environment of the government sector. And it made developing government work, rehabilitating its staff and improving performance quality as one of its goal. This new regulation helped the government agencies to employ according to their needs, and affirmed the government agency's commitment to providing a safe, healthy and stimulating work environment.

 

The Authority stated that the general objectives of the draft regulation revolve around introducing modern human resources concepts, improving the level of performance management and moving from centralization to decentralization by enabling government agencies to manage their human and functional resources independently.

 

The Authority added: "The regulation in its new form embodies the positive change of the concept of the government job. The provisions of the regulation were developed in cooperation with experts and specialists in human resources to build a sound and positive organizational work environment that improves the efficiency of human resources in the government public sector, and access to a sound administrative structure and a work environment that stimulates performance.”

 

 

The regulation was launched to supplement the Human Resources Law in the Emirate of Abu Dhabi and update the human resources policies, as the regulation applies to all civil government agencies. The authorities were informed on the most prominent new items and practices related to human resources affairs and their effects on business.

 

 

 

The items of the regulation included: The updated code of job conduct for employees of government agencies in the Emirate of Abu Dhabi which aims to enhance job behavior and work ethics and to raise the level of work quality, performance development and employee service.

 

 

The Authority confirmed that it keens for the government employee to perform his job duties according to the approved procedures, especially the customer service employees, as they are the front end of the Emirate's Government. The Authority aims to enhance their level of responsibility, delight customers and provide government services with the highest quality standards in accordance with the approved legislation and mechanism.

 

The Authority referred to the great efforts made by the work team to include all technical and legal items in the regulation, and to maintain a stimulating and competitive work environment that achieves justice and job security for both parties to the work relationship from all types of work have been specified which are the official working hours. The Head of the government agency may apply flexible working hours and the shift system and remote work which is outside the employee’s workplace and the employee shall have all the rights and privileges stipulated in the law and its executive regulations.

 

The regulation also permits part-time employment for citizens, and the employee has the right to receive 50% of the total salary of his job. He is also entitled to obtain licenses and other allowances stipulated in the regulations, to encourage owners of small and medium enterprises to practice private work without prejudice to their job duties.

 

 

 

The regulation stipulated a clause on overtime work, as it permitted the Head of the government agency to assign the employee to work after official working hours and official holidays, and it guaranteed the employee to receive compensation on days equal to working days during holidays. The employee has the right to obtain a financial compensation for his additional work hours after the official working hours.

 

 

The Authority stated in its statement that the update in the regulation provides the government agencies with various methods of attracting in line with the successive changes in the business system. And at the same time, it preserves the basic pillars of the recruitment process represented in efficiency in selection, providing an opportunity for all qualified job seekers and ensuring employee rights and government agency. It also provides different forms of contracting for a public job with full-time or part-time appointment, which meets the existing requirements of some government agencies, and consistents with those modern administrative variables related to business performance.

 

 

The Authority indicates that the contract will be governed by legal rules related to the executive regulations and its organizational frameworks which included provisions related to the regulation of recruitment and other provisions that guarantee the employee’s rights and financial benefits and the provisions that may occur to his service, and his contractual rights in a manner similar in most aspects to what the employee enjoys appointed in accordance with the organizational relationship governed by legislation.

 

The Authority was, during the development of the provisions of the executive regulations, keen to empower and integrate people of determination (with disabilities) into the government work system, and gave them special care so that job opportunities would be available to them like the rest of the groups mentioned in the regulation in coordination and cooperation with the Department of Community Development. Where the provisions of the executive regulations stipulated that The government entity is obligated to appoint citizens of people of determination for the percentage determined by the Authority out of the total number of jobs approved by it, and to take into account their conditions when determining the type of job that is suitable for their conditions. The executive regulations also specified the conditions regulating appointment in government agencies, as it is not permissible to appoint except to a vacant job approved in the budget of the employer and according to the terms of appointment.

 

The most distinguished features of the regulation are providing the government agencies with various recruitment and appointment mechanisms, support for job seekers, and enabling Emiratisation, organizing the recruitment and comparison process, ensuring employee rights and financial benefits, providing multiple forms of contracting for a public job, empowering and integrating people with disabilities (people of determination), giving them special care. The regulation is new and flexible in line with recent administrative developments and changes, and the role of the Authority is a strategic aiming to “supervision, support, empowerment and follow-up”, providing opportunities for promotions and career progression, and aims to develop the government work, qualify the functional cadre and improve the quality of performance, apply the flexible work in line with the work requirements in the government entity, it supports government agencies to develop a plan for their future needs of human resources necessary to implement their strategies. The regulation authorized the appointment of the retired military and civilian provided that the age does not exceed 60 years at the time of appointment. And the retired military is appointed by the reward system determined by a decision of the Executive Council in this regard, while the retired civilian is appointed with the suspension of the retirement pension, and he obtains the total salary of his job and the pension shall be paid to him if his salary is suspended. The regulation also stipulates that the employee joining the national service, as if he was on the job, and shall receive all entitlements and privileges, and receives a performance evaluation of not less than very good unless the National and Reserve Service Authority decides otherwise based on his performance during the service.

 

The Authority indicated that the opportunities for promotions and career progression are better and larger in the regulation, and they are related to excellence in performance, skills and competencies, and they are not in any way a binding entitlement on the government entity towards its employees. The promotion system includes three types, namely: sub-promotion, functional promotion and financial promotion for the employee if there is no vacancy.

 

The regulation also stipulates that all types of leaves are mentioned including but not limited to, the right of the employee to maternity leave for a full period of three months, and two hours per day for a period of one year from the date of giving birth, as she is also entitled to in the month of Ramadan, periodic leave and full-time leave for volunteerism work, and representing the country in international participations. For employees of people of determination, the regulation provides to grant them (5) working days in addition to the periodic (annual) vacations they are entitled to, in order to support them to complete their special transactions.

 

The regulation indicated that the government entity may grant the employee a paid study leave after coordination with the Department of Education and Knowledge, as well as a leave to accompany a patient inside or outside the country according to the controls established in the regulation and for a period of three months paid per year. The employee may request to extend the leave to accompany a patient without pay, and he is entitled to sick leave based on an approved medical report, and the employee’s working hours may be reduced for health reasons based on the recommendations of the medical committee.

 

 

The regulation specified the types of administrative measures that may be directed to the employee in minor violations committed by the employee before the administration resorts to imposing disciplinary sanctions, as well as the types of violations and the limits of penalties when the employee violates the duties and rules of professional conduct. The regulation emphasized the need for each government agency to form a committee called the Complaints and Grievances Committee and submit their recommendations to the Head of the government agency.