The Ruler of Sharjah issues a new law regarding employment and Human Resources

Abdallah Shahin - | Business

Sheikh Dr. Sultan Al Qasimi, Ruler of Sharjah, issued Decree Law No. 7 of 2020 amending some provisions of Law No. 6 of 2015 regarding human resources for the Emirate of Sharjah.

The first article of the decree law issued by His Highness Sheikh Dr. Sultan bin Muhammad Al Qasimi, Member of the Supreme Council and Ruler of Sharjah, stipulates that the texts of Articles 2, 10, 11, 14, 21, 22, 24, 27, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 44, 48, 49, 50, 52, 54, 58, 64, 67, 68, 77” in Law No. /6/ of 2015 AD regarding human resources and its executive regulations and their amendments The following texts:.

- Scope of application of the law.

Article 2.

The provisions of this law apply to employees of government agencies, unless the law establishing or organizing them stipulates otherwise or they are excluded from the governor or the Executive Council.

Article 10.

With the exception of those appointed under the special jobs system, the special contract system, and the temporary contract system, when appointed, the employee is subject to a probationary period of three months, which can be extended for a similar period, starting from the date of appointment. The competent authority for appointment may terminate his service if it is proven that he is not fit for the job.

- Types of employment.

Article 11.

1- Vacant or newly created positions shall be filled in accordance with the following regulations:.

A- The special jobs system.

B- Public jobs system.

C- Engineers jobs system.

D- The system of positions of imams and muezzins.

E- The system of jobs for doctors, pharmacists and medical technicians.

F- The private contract system.

G- Monthly bonus system.

H- Temporary contract system.

2- The Executive Council may create other appointment systems, and the regulations specify the procedures, controls, provisions and schedules for each system.

Article 14.

The performance of the employee subject to the provisions of this law regarding his work and the extent of discipline in his job behavior is evaluated by his direct official in government agencies, and the evaluation is presented to the department to take the necessary action in accordance with the regulations.

Article 21.

A committee called the “Grievances and Complaints Committee” shall be established in each government agency, by decision of the president or director, consisting of a minimum of three members, headed by one of them.

Article 22.

The employee is entitled to his periodic bonus based on the level of his annual performance evaluation and according to the grades or categories specified in the schedule one year after the date of his appointment, or the date of the last periodic bonus to which he was entitled.

Article 24.

The citizen employee is entitled to a social allowance according to the grades indicated in the list of jobs for citizens included in the regulations, and it is paid to him upon appointment.

Article 27.

The citizen employee who holds a master's or doctoral degree is granted a monthly allowance for the academic degree determined by the regulations.

Article 30.

The employee may be given a financial promotion or a job promotion with the approval of the authority responsible for appointment. The national employee may be promoted to two job grades, once throughout the period of service. The regulations specify the controls for granting these promotions.

Article 31.

The Executive Council may, upon the request of the concerned government entity and the department’s presentation, grant a citizen employee who holds one of the jobs in the private system or the first degree in the public jobs system for citizens or the seventh degree in the engineers’ jobs system, an exceptional financial promotion at the rate of “15%” of the salary, once throughout the period of service. In accordance with the controls specified by the regulations.

Article 32.

The financial impact of all promotions will be paid from the first of the month following the date of issuance of the promotion decision.

Article 34.

The status of a citizen employee who obtains an academic qualification during service shall be regularized in accordance with what is determined by the regulations.

- times of work .

Article 35.

The regulations specify work days and times, as well as the remote work system when necessary, and the employee may not stop working except within the limits of the vacations authorized in accordance with the provisions of this law.

- Vacations.

Article 36.

The leaves that may be granted to the employee are:.

1. Periodic leave.

2. Sick leave.

3. Permitting a companion for treatment inside or outside the country.

4. Maternity leave.

5. Hajj leave.

6. Mourning leave.

7. Iddah leave.

8. Study leave.

9. Leave without comprehensive pay.

10. Paternity leave.

11. Exceptional leaves.

Article 37.

The regulations specify the periods, procedures, conditions, and requirements for granting leaves stipulated in Article No. 36 of this law.

Article 38.

Except for the cases stipulated in the regulations, the employee must exhaust the periodic leave due to him during the year, whether continuous or in parts, otherwise his right to retain it will be forfeited. If the working conditions do not allow the employee to take the periodic leave due to him or part of it, his remaining balance for this year shall be reserved for him and it is not permissible Depriving the employee of taking his entitled periodic leave for two consecutive years. The regulations specify the procedures for organizing periodic leave.

Article 39.

1- An employee who ceases his work or does not resume his work immediately after the end of his leave, within a period of not less than fifteen continuous days, may have his service terminated as of the date of interruption unless he provides reasons accepted by the competent authority.

2- It is also permissible to terminate the service of an employee who is absent from work for thirty intermittent days during the year without an excuse accepted by the competent authority.

- Transport .

Article 40.

1- An employee may be transferred or his job title may be changed at the same job level within the government entity in which he works for the purpose of job rotation by decision of the competent authority after obtaining the approval of the department, and in accordance with the controls and procedures specified by the regulations, provided that the transfer or change of job title does not affect the employee’s rights to salary. Or vacations or financial grades determined in accordance with the provisions of this law and the regulations.

2- An employee may be transferred from his government agency to another or any government agency within the country with the approval of the competent authority in each of them, provided that the transfer does not affect the employee’s rights to salary, leaves, and financial grade, unless he agrees to this in writing.

Article 44.

The regulations regulate the system of job discipline and work behavior, which includes the rights and duties of the employee, and the procedures that regulate his job behavior to reach standards of excellence and quality.

Article 48: The competent authority may suspend the employee from his work administratively if the interest of the investigation requires it, provided that the employee is notified by any means of traditional or electronic communication or correspondence at the numbers and addresses recorded in the employee’s service file. The suspended employee must be presented to the investigation committee or the investigation committee. Job discipline according to the procedures contained in the regulations.

Article 49.

Administratively suspending an employee from his work will result in stopping the payment of half of his comprehensive salary as of the date of suspension. If the investigation concludes that he has committed a violation or is not proven to have committed a violation or the penalty of warning is imposed on him, the suspended amount of his comprehensive salary will be paid to him.

Article 50.

The employee’s resignation does not prevent the investigation procedures against him from proceeding, and his resignation may not be accepted if he has been referred to the investigation committee, the job discipline committee, or to the competent judicial authorities. The resignation request will be considered after the end of the investigation, or the issuance of a judicial ruling. The investigation also does not prevent the filing of a civil or criminal lawsuit resulting from the same violation attributed to the employee.

Article 52.

The competent authority may, based on the recommendation of the Employment Discipline Committee, and after obtaining the department’s approval, impose the following administrative penalties on the employee in accordance with the controls specified in the regulations:.

1- Draw the attention of my book.

2- Written warning.

3- Deduction from the basic salary for a period not exceeding five days per violation, and not exceeding thirty days per year.

4- Deduction from the basic salary for a period not exceeding fifteen days per violation, and not exceeding sixty days during the year.

5- Deduction of half of the comprehensive salary or suspension from work without comprehensive salary, for a period not exceeding three months during the year.

6- Deprivation of the periodic bonus.

7- Reducing the salary by a maximum of seven bonuses or the starting salary of the grade, whichever is less.

8- Reducing the grade and salary to within one grade and three bonuses only.

9- Dismissal from the job while preserving the right to a pension, bonus, or deprivation of either within a maximum of 25%.

Article 54.

The employee shall be suspended from work by decision of the president or director if he is detained on precautionary basis in an incident attributed to him that is not related to the job or because of it, and the payment of half of his comprehensive salary shall be stopped, provided that the employee is returned to his job and his previously suspended general salary shall be paid to him in the event that the competent judicial authority decides to dismiss the investigation or Failure to file a criminal case or acquit the employee of the charge against him, otherwise he will be deprived of it.

- The violation is dropped.

Article 58.

The job violation shall be dropped for one of the following reasons:

1- Death of the employee.

2- The expiry of two years from the date of its commission. This period shall be interrupted by taking any action deemed appropriate by the competent authority. A new period shall apply from the date of the last action taken by the competent authority regarding the violation. In the event of multiple employees accused of committing the same violation, the interruption of the period for one of them shall result in its interruption for the rest.

3- The employee suffers a disability that makes it impossible to take investigation procedures against him in accordance with what is decided by the competent medical committee.

4- Failure of the competent authority to take the measures stipulated in the regulations within a maximum period of 10 working days from the date of discovery of the violation.

- End of service benefits .

Article 64.

The employee's end-of-service benefits are calculated according to the following:

1- The citizen employee’s entitlements are calculated in accordance with Law No. 5 of 2018 regarding Social Security in the Emirate of Sharjah and its amendments.

2- The non-citizen employee. The regulations specify the provisions for calculating his end-of-service gratuity.

Article 67.

Government agencies must include the citizen employee in the social security system in accordance with Law No. 5 of 2018, and deduct the monthly contributions and transfer them to the Social Security Fund.

Article 68.

1- It is not permissible to deduct or withhold amounts owed by an employee during service in any capacity, except in the following cases:

a. To recover what was unlawfully paid to him by the government.

B. To pay what is required of him to government agencies or the government.

C. In implementation of a judicial ruling.

2- In all cases, it is not permissible to deduct or withhold more than 25% of the comprehensive monthly salary, unless the employee agrees to this in writing or is in implementation of a judicial ruling.

Article 77.

1 - The Executive Council issues, by its decision, the executive regulations for this law and the decisions implementing its provisions. The Council also issues tables of financial grades, salaries, qualifications and practical experiences related to the application of this law and they are attached to the regulations. The Council may amend these tables or issue new tables based on the department’s presentation.

2- Decisions shall be issued by the Executive Council based on the department’s presentation of topics that are not stipulated to be regulated in this law or the regulations, in a manner that does not conflict with their provisions.

The second article of the decree law stipulates that a new article No. /54/bis shall be introduced in Law No. /6/ of 2015 AD and stipulates the following:.

Article 54 bis.

The employee shall be suspended from work by decision of the president or director if he is referred to the judiciary for a crime related to or because of his job, and the payment of his comprehensive salary will be stopped, provided that the employee is returned to his job and his previously suspended salary will be paid to him in the event that the competent judicial authority decides to close the investigation or not file a lawsuit. The employee may be acquitted of the charge against him, otherwise he will be deprived of it, provided that this does not prevent him from being held accountable administratively.

According to Article Three of the Decree Law, Articles 69 and 70 of Law No. 6 of 2015 are repealed.

Article Four stipulates that the Emirate’s Advisory Council shall be notified of this decree law immediately upon its convening.

According to Article Five, this decree law shall be effective from the date of its issuance, and the concerned authorities must implement it, each within its jurisdiction, and any provision that conflicts with its provisions shall be repealed and published in the National Gazette.

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