Dr. Mohammed Haitham Salman Represents ME-Alliance at the 2024 Abu Dhabi Government Legal Affairs Forum
November 19, 2024
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The Federal Decree-Law No. (49) of 2022 Regarding the Human Resources Law in the Federal Government.
Federal Decree Law No. (49) of 2022 was issued regarding human resources in the federal government, and it came into force on January 2, 2023. This law responds to the significant transformations that the labor market has witnessed in the recent period. It aims to develop the human resources system in the government and improve the policies and systems that govern it.
This law aims to improve the working environment in the federal government by updating existing systems and policies, ensuring their alignment with modern requirements and economic and social transformations. Additionally, the law seeks to promote competencies and innovation within the framework of the operations of federal government institutions.
One of the key features introduced by this law is its establishment of new patterns of work and employment that align with developments in the work environment. According to Article 6 of this law, employment in federal entities is to be in accordance with one of the following employment patterns:
A. Full-Time: Working for a single federal entity for the full daily working hours, throughout official working days, whether from the workplace, remotely, or the hybrid work mode, in accordance with the employment contract or what is agreed upon between the federal entity and the employee.
B. Part-Time: Working for a federal entity for a specific number of working hours or days scheduled for work, whether from the workplace, remotely, or a hybrid work mode, in accordance with the employment contract or what is agreed upon between the federal entity and the employee.
C. Temporary Work: Work whose nature of implementation requires a specific period of time or which focuses on a certain task, ending with its completion.
D. Flexible Work: Work whose performance hours or working days change according to the employer’s volume of work and economic and operational variables, where the employee may work for the employer at variable times according to work conditions and requirements.
Article 9 of the executive regulations of the law adds new categories to the existing ones, outlining certain types of work adopted in federal entities as follows:
A. Working at the premises of the entity (On-site): It is the work that the employee carries out, as determined by the employer, either at its headquarters or from the premises of any of its branches, during the official working days and hours.
B. Working remotely within the country: It is the work or job duties that the employee carries out from outside the original workplace but within the country (UAE), in accordance with the provisions of the Remote Work System issued by the Cabinet based on the Authority’s proposal, provided that the employee receives the financial allocations defined by the same system.
C. Working remotely from outside the country: It is the work or job duties that the employee carries out from outside the country (Abroad), in accordance with the provisions of the Remote Work System issued by the Cabinet based on the Authority’s proposal, provided that the employee receives the financial allocations defined by the same system.
D. Intensive working hours (compressed work week): It is when the employee opts for covering the full official weekly working hours in fewer working days per week, with a maximum of (10) ten hours per day and (4) four working days per week.
The regulations also add new types, such as appointments based on the merits of experts and consultants, as well as appointments based on special merits. Each type has its specific criteria.
According to the mentioned law, employee benefits and wages are determined based on the employment pattern and the type of contracted work, in accordance with specified contracting mechanisms and benefits. In all cases, the employer is allowed to contract with the employee to perform assigned tasks, whether from the organization’s premises, external locations, or through a hybrid work arrangement, based on the requirements and interests of the employer.
The new law also allows the head of the federal entity, or the person authorized by them, to change the type of work assigned to the employee during the contract period or upon its expiration, based on the interests and requirements of the organization.
One of the key innovations in the new Federal Human Resources Law is the provision granting employees the right to secondment to the private sector upon their request, while adhering to the procedures and controls established in the federal government’s human resources management. Article 13 of the law stipulates the possibility of seconding an employee to the private sector, reflecting a direction towards achieving greater flexibility in the labor market.
In addition, the provision related to secondment represents a tangible development as it grants the federal entity the right to second employees from companies and the private sector to work with them. This approach demonstrates openness and willingness to collaborate between the public and private sectors, contributing to the enhancement of cultural and skills exchange between them.
These legal developments provide opportunities for employees to explore different career paths and develop their skills in new fields outside the government sector. Additionally, the new law highlights its commitment to the interests of the workplace and ensuring the maximum utilization of employees’ capabilities and experiences within a supportive and encouraging framework.
Ultimately, this law encompasses modern provisions and principles aimed at stimulating development and enhancing effective communication between the public and private sectors. It demonstrates an effective response to the developments in the labor market and its needs.
https://uaelegislation.gov.ae/en/legislations/1594
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