FREQUENTLY ASKED QUESTIONS:
1. When the employee is entitled to get overtime allowance?
Employees at the third grade or lower working according to the schedule of working hours – with the exception of shift-based employees - are entitled to overtime allowance for overtime hours performed outside official working hours which exceeds forty hours per week in regular months or more than thirty hours during the month of Ramadan, taking into consideration all provisions contained in Article No. (21) Of the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended.
2. Is the shift-based employee entitled to get the overtime allowance?
Yes, the shift-based employee is entitled to the overtime allowance for the additional working hours after the end of the approved rotation hours, provided that the number of hours of rotation approved is not less than 40 hours per week, in accordance with paragraph (b) of the Human Resources Management Law of the Government of Dubai No. (27) Of 2006, as amended.
3. Is the shift-based employee at the fifth grade or below entitled to get the overtime allowance?
Pursuant to paragraph (b) of Article (21) of the Human Resources Management Law of the Government of Dubai No. (27) Of 2006, as amended, the shift-based employee at the fifth grade or below is entitled to get the overtime allowance as stipulated in that Article, provided that the number of approved working hours is not less than (40) hours per week, whether these shifts are during the morning or evening during the weekends or official holidays.
4. What is meant by 'members of the employee's family'?
The members of the employee's family are single spouse and up to three of his children under the age of 18 in accordance with Article (2) of the Human Resources Management Law of the Government of Dubai No. (27) Of 2006, as amended.
5. Is it permissible to recruit a temporary employee for more than six months?
Yes, the law permits the temporary appointment of employees for less than one year, which cannot be extended in accordance with paragraph (a) of Article (33) of the Human Resources Management Law of the Government of Dubai No. (27) Of 2006, as amended.
6. Is it permissible to recruit a retired citizen under a special contract?
The recruitment of a retired citizen under a special contract is not permitted, since his appointment is subject to Law No. (28) Of 2009 pertaining to the appointment of retirees in government agencies in the Emirate of Dubai, as amended. Article No. 4 of this Law stipulates that the pensioner is entitled to a monthly bonus equal to the basic salary of the job level or military rank in addition to benefits and allowances allocated to that level or rank.
7. Is it permissible to recruit a retiree on a part-time basis? What are the financial dues that are paid to him in this case?
Yes, the retiree may be hired on the part-time basis because the Executive Council's Resolution No. (27) Of 2013 on the organization of the part-time appointment in the Dubai Government did not mention anything that prevents part-time appointment for the retiree. For the financial dues, the bonus entitled for this employee under Law No. (28) Of 2009 on the Employment of Retirees in Government Agencies in the Emirate of Dubai, as amended, is a monthly lump sum based on what is received by the part-time employee in accordance with the aforementioned Article (5) of the Executive Council Resolution No. (27) Of 2013. In this case, the salary is calculated based on the actual number of the working hours during the month. For allowances and bonuses of the retiree, as established by aforementioned Law No. (28) Of 2009, they may not be given to the retiree because part-time employees are not entitled to get those bonuses and allowances.
8. Is the employee at the fifth grade deserve the skills allowance?
Yes, he/she deserve a skill allowance if he/she satisfies the conditions required for granting this allowance, which is characterized by high qualifications, special expertise and outstanding abilities.
9. Is the employee during the probation period eligible for periodic leave?
During the probation period, the employee shall not be entitled to any paid leave except for the period of mourning and sick leave, provided that the probation period is extended for a period of time equal to the number of days of such leave in accordance with Article 145 of the Law.
10. Shall the permanent appointment status be given to the employee automatically after exceeding the probation period specified by law by six months?
Yes, if no decision is issued to permanently appoint the employee after the legally determined six-month probation period, the employee shall be automatically give the permanent appointment status.
11. Shall the new employee be subjected to the probation period upon returning to his/her post after the end of the national service period?
Yes, an employee who completes his national service is obliged to take the probation period on his/her return to the job. The probation period is needed for the benefit of the governmental body in order to determine the efficiency of the person in the post.
Special Cash Bonus
12. Is it permissible to grant a special cash reward to the employee for his special achievements or as an appreciation for his creativity and innovation?
Yes, the department may reward the employee with a special bonus at any time of the year for his own distinctive achievements, an appreciation for his creativity and his innovation, or his outstanding suggestion, or for any other distinct achievement. The amount of this reward and its disbursement frequency is determined during the year under the performance management system of the Dubai government in accordance with Article 83 of the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended, that the department shall submit to DGHR Department a list of the employees nominated for rewards with a statement of selection standards and related results in addition to results of the annual performance reports for those employees.
13. Is it permissible to assign an employee for a position higher than his job grade by three grades?
It is not permissible to assign an employee to a position higher than his job grade by three grades, since the degree of the position assigned to it must be equivalent to the employee's degree or higher with a maximum of two degrees in accordance with Article 172 of the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended.
14. Is the employee who has been assigned to perform the functions of the assigned job only eligible for the assignment allowance?
The employee is not entitled to an assignment allowance if the assignment is only for the functions of the assigned job, where assignment is considered a developmental mandate.
15. If the employee is assigned to a higher degree than his current grade, and during the period of assignment he was sent on an official mission outside the country, is the assignment payment in accordance with his original degree or according to the degree assigned to him?
Article 154 of the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended, stipulates that each employee is entitled to tickets for official foreign missions according to the grade of the employee. Therefore, the assignment of a staff member to a position higher than the current grade does not entitle him to get the travel allowance for the assigned grade, where the employee is on official foreign mission is entitled to travel tickets in official foreign missions according to his original job grade.
16. Is it permissible to modify the salary or employment grade of an employee because of obtaining a higher degree without being restricted to a specific limit for the degree or salary?
The Department may amend the salary or employment grade of an employee for gaining a higher scientific degree in cases where the course is approved in advance by the Department, even if the amendment results in granting him more than two degrees, as long as the job to which the position of the employee is amended commensurate with his new scientific qualifications and practical experience. This shall be also approved within the budget of the Department and the amendment of the position of the employee in this case is not considered a promotion.
17. Is it permissible to promote an employee because of the reassessment of the job or because of the transfer to a vacant position when the performance evaluation result is "meeting expectations"?
The employee whose performance evaluation is "meeting expectations" may not be promoted. Promotions shall be granted only for high-performing employees who are achieving "exceeding expectations" performance or a "performance that exceeds expectations significantly" in accordance with paragraph (c) of Article (85) of the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended.
18. Is it permissible to promote an employee "two grades" exceptionally if the last exceptional promotion received by the employee is only two years old?
The employee may not be promoted exceptionally unless the last exceptional promotion has completed four years.
EXCEPTIONAL LEAVE TO ACCOMPANY RELATIVES FOR MEDICAL TREATMENT
19. Is it permissible to grant an expatriate employee exceptional leave to accompany a relative until the second degree for medical treatment outside the State?
Yes, an expatriate employee may be granted exceptional leave to accompany one of his relatives up to the second degree for medical treatment outside the State. The permit to grant an exceptional leave to accompany a relative up to the second degree for medical treatment inside or outside the State includes the citizen and non-citizen employee. This leave is not an entitlement for the employee's but is decided by the discretionary authority of the Director General.
20. Is the exceptional leave to accompany the patient granted to the employee on an annual or one-time basis while serving in the Department?
The Law does not provide for the granting of exceptional leave on an annual or one-time basis, but this is due to the discretionary authority of the Director General in accordance with the medical condition and based on the report issued by an official medical authority in accordance with Article 132 of the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended.
21. Who is the Official Medical Committee authorized to issue medical reports?
The General Medical Committee in Dubai is the official medical committee accredited to serve the departments and government agencies under the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended.
22. How often does the employee be entitled to leave with a gross salary for the performance of quarterly and annual exams and is it determined based on the number of subjects studied by the employee?
Granting an additional leave prior to the start of the exam date is the discretionary authority of the Department and is not a mandatory entitlement to the employee and is granted before the quarterly and annual exams and not based on the number of subjects studied by the employee.
23. Does the four-month period for which a female employee is allowed to leave work for two hours a day for the purpose of breast-feeding her child from the date of the end of 60 days of maternity leave?
Yes, the four-month period starts from the date of the expiry of the maternity leave and the return of the employee to work thereafter, in accordance with Article 126 of the Law.
24. Is a nursing employee entitled to breastfeeding hours during the holy month of Ramadan?
The breastfeeding woman is not entitled for breastfeeding hours during the holy month of Ramadan. She has to work five hours a day during this Ramadan.
ANNUAL TRAVEL TICKETS
25. Is the expatriate employee entitled to travel tickets for members of his or her family who are not residing in the State?
The expatriate employee is entitled to travel tickets for him and his eligible family members residing in the State only.
26. Is the employee's entitlement to annual travel tickets related to the application for periodic leave or on the date of employment commencement?
The employee may be entitled to the annual travel tickets on the annual date of joining the work. The employee may obtain the value of the travel tickets two months at maximum before he intends to travel on his annual leave in accordance with Article 151 of Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended.
27. Is the employee and his/her family eligible for travel tickets during the period of study leave?
Yes, the employee and his eligible family members are entitled to this allowance during the period of the study leave because the student's leave is a period of actual service for the employee and he/she is entitled to all rights and benefits during the course of the study, except as expressly provided in the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended.
EMPLOYEE DISPATCH ALLOWANCE FOR OFFICIAL OR TRAINING MISSIONS
28. What is the dispatch allowance stipulated for Executive Directors in training missions outside or within the country?
In accordance with Article (19) of Law No. (2) of 2015 on Human Resources Management for the Executive Directors of the Government of Dubai, which states that "provisions of the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended, shall apply to the Executive Director in all cases, as long as there is no special provision on it in this law or decisions issued thereunder to the extent that it does not conflict with the nature of the function of the Executive Director", if the Executive Director is sent on a training mission inside or outside the State, he shall be entitled to the allowances established in accordance with Articles 158 and 159 of the aforementioned Human Resources Management Law of Dubai Government No. (27) Of 2006.
29. Shall the payment of half of the employee's salary be suspended from the date of commencement of the investigation? Or is it from the date of his suspension from work?
The employee's suspension from his work will result in the suspension of half his salary from the date of suspension. If the employee was acquitted or the investigation is put off, or if he was a handed a warning, he shall be paid the suspended part of his salary. If a more severe penalty is imposed, the decision on what is deducted from the salary shall be based on the estimation of the Administrative Irregularities Committee. Accordingly, half of the salary shall be suspended from the date of suspension from work and not from the date of commencement of the investigation, in accordance with the provisions of Article (191) of the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended.
30. How the cash allowance is calculated for the employee's periodic leave balance when calculating end of service benefits?
The cash allowance for the employee's annual leave shall be calculated at the end of his service on the basis of his last basic salary and no more than two years' entitlement, provided that he has passed the probationary period and is confirmed in the job section (g) of Article 220 of the Law.
31. Is the employee recruited under a special contract entitled to end of service benefits?
Yes, the employee appointed under a special contract is entitled to the end of service benefits provided for in Article 220 of the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended.
CHILDREN'S EDUCATION ALLOWANCE
32. Does the employee who did not obtain children tuition fees before applying the Dubai Human Resources Management Law No. 27 of 2006 deserve this allowance?
Children's education allowance shall continue to be paid to staff members for whom the allowance was effectively paid under the 1992 Personnel Regulations and the children covered by this allowance only. It may not be paid to those who were not actually paid under the aforementioned regulations or who were recruited after applying the provisions of the Human Resources Management Law of Dubai Government No. (27) Of 2006, as amended.