Legislation Details
- Full Title: Federal Law by Decree on Human Resources in the Federal Government
- Law Type: Federal Law by Decree
- Law Number: (49) of 2022
- Issued Date: 03 Oct 2022
- Effective Date: 02 Jan 2023
- Official Gazette: No. 737
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 103
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law by Decree regulates human resources management in the UAE federal government. It establishes the framework for recruitment, appointment, compensation, training, leave, and termination of employment for federal government employees. The law aims to create a fair and efficient system for managing human capital in the public sector, with a focus on empowering Emirati nationals and promoting a positive work environment. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 1-2) The law is significant for businesses and individuals in the UAE as it sets the standards and requirements for working in the federal government. It impacts hiring practices, employee benefits, and disciplinary procedures that all federal entities must follow. Compliance with this legislation is crucial for both government agencies and private sector organizations that interact with the public administration. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 1-2)
What is the scope and purpose of this law?
The provisions of this Federal Law by Decree apply to civil servants employed by federal government entities, including those with independent human resources regulations. However, the Council of Ministers may exempt certain federal entities from the application of this law by issuing a resolution that specifies the human resources provisions and obligations for those excluded entities. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 2) The purpose of the law is to establish a comprehensive framework for managing human resources in the federal government. It covers all aspects of the employment relationship, from recruitment and appointment to termination and dispute resolution. The law aims to create a fair, efficient, and competitive work environment that supports the development of Emirati nationals and aligns with the strategic objectives of the federal government. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 1-3)
What are the key definitions under this law?
The law provides the following key definitions:
- State: The United Arab Emirates
- Cabinet: The Council of Ministers of the United Arab Emirates
- Federal Government: The Government of the United Arab Emirates
- Federal Entities: Any ministry, federal authority, institution, or regulatory body affiliated with the federal government
- Chairman of the Federal Entity: The Minister, the Chairman of the Board of Directors, the Head of the Entity, or the like
- 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
- 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
- Basic Salary: The salary determined for the beginning of the job grade scale
- Gross salary: The basic salary plus approved bonuses and allowances
(Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. The Human Resources Department in each federal entity must implement and apply the provisions of the law and any related resolutions or regulations. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 3) 2. Federal entities must have their own organizational structures that are approved by the Council of Ministers. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 4) 3. Each federal entity must have an annual human resources budget as part of its general budget. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 5) 4. Recruitment in federal entities must follow one of the approved employment patterns: full-time, part-time, temporary, or flexible work. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 6) 5. Appointment to jobs in federal entities must be made according to the specified authorities: by federal decree, Council of Ministers resolution, or head of the federal entity resolution. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 7) 6. Federal entities must abide by the unified grade and salary scales approved by the Council of Ministers and cannot make any exceptions or amendments without approval. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 10)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements for federal government employees.
What rights and protections does this law provide?
The key rights and protections provided by this law include: 1. Emirati nationals have priority in being appointed to vacant positions in federal entities. Non-nationals may only be appointed in the absence of qualified citizens. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 8) 2. Discrimination in employment based on race, color, sex, religion, national or social origin, or disability is prohibited. However, measures taken by the federal government to benefit from and enhance the competitiveness of Emirati cadres are not considered discrimination. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 8) 3. Employees have the right to file grievances and appeals against administrative decisions through the Grievance Committee and Objections Committee established under the law. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 43-44)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement and governance under this law include: 1. The Federal Authority for Government Human Resources (FAHR): The FAHR is responsible for proposing the grade and salary scales for the general cadre, coordinating with the Ministry of Finance, and reviewing the scales for other cadres before submission to the Council of Ministers. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 10) 2. The Council of Ministers: The Council of Ministers is responsible for approving the organizational structures of federal entities, the grade and salary scales, and any exemptions from the application of this law. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 4, 7, 10) 3. The Grievance Committee and Objections Committee: These committees are responsible for resolving disputes and grievances filed by employees against administrative decisions. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 43-44)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Federal Law by Decree.
What fees, charges, or financial provisions are specified?
The law does not mention any specific fees, charges, or financial provisions, other than the requirement for each federal entity to have an annual human resources budget as part of its general budget. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 5)
What exemptions or exceptions apply?
The law allows the Council of Ministers to exempt certain federal entities from the application of its provisions, provided that the exemption resolution specifies the human resources provisions and obligations for those excluded entities. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 2)
How are disputes resolved under this law?
The law establishes two committees to resolve disputes and grievances: 1. Grievance Committee: This committee is responsible for resolving grievances filed by employees against administrative decisions. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 43) 2. Objections Committee: This committee is responsible for considering objections filed against the decisions of the Grievance Committee. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 44) The law does not provide further details on the composition, procedures, or decision-making process of these committees.
What are the key deadlines and time limits?
The law specifies the following key deadlines and time limits: 1. Probationary period: New employees are subject to a probationary period of 6 months, which can be extended for a similar period. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 9) 2. Notice period for termination during probation: Employees may have their employment terminated during the probationary period with a notice period of at least 5 working days. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 9) 3. Notice period for resignation during probation: Employees may resign during the probationary period with a notice period of at least 5 working days. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 9)
How does this law interact with other UAE legislation?
This Federal Law by Decree on Human Resources in the Federal Government repeals the previous Federal Law by Decree No. (11) of 2008 Concerning Human Resources in the Federal Government. (Federal Law by Decree on Human Resources in the Federal Government, 2022, Art. 48) The law also references and builds upon the following related legislation: - Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers - Federal Law No. (7) of 1999 Promulgating Pensions and Social Security Law - Federal Law by Decree No. (26) of 2019 Concerning Public Finance - Federal Law by Decree No. (47) of 2021 Concerning the Unified General Rules for Work in the UAE (Federal Law by Decree on Human Resources in the Federal Government, 2022, Preamble)
When did this law come into effect?
This Federal Law by Decree on Human Resources in the Federal Government came into effect on 02 January 2023, as stated in the Effective Date section. (Federal Law by Decree on Human Resources in the Federal Government, 2022)
Source Documents
This article analyses Federal Law by Decree on Human Resources in the Federal Government for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.