Chairman of the Executive Council Resolution No. (13) of 2019 concerning

Article 4 — The Executive Committee shall be mandated to decide upon all cases ¶

of termination of service of the executive management employees at
Governmental entities in accordance with the legislations in force, with the
exception of termination of service of executive management employees to
achieve public interest.

Article 6 — This Resolution shall come into force from the date of its issuance and it ¶

shall be published in the Official Gazette.
Mohamed bin Zayed Al Nahyan
Crown Prince
Chairman of the Executive Council
Issued by us in Abu Dhabi
On: 26 March 2020
Corresponding to: 02 Shaban 1441 Hijri

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Regulation of the Affairs of the Executive Management
Employees
at Governmental Entities
Article (1)
Definitions
In the implementation of the provisions of this Regulation, the following
words and phrases shall have the meanings corresponding thereto, unless
the context requires otherwise:
State : The United Arab Emirates.
Emirate : The Emirate of Abu Dhabi.
Government : The Government of Abu Dhabi.
Executive Council : The Executive Council of the Emirate.
Authority : The Human Resources Authority in the Emirate of
Abu Dhabi.
Retirement Fund : Abu Dhabi Retirement Pensions and Benefits
Fund.
Law : Law No. (6) of 2016 concerning the Human
Resources in the Emirate of Abu Dhabi, and its
amendments.
Governmental Entities : The public departments, authorities and institutions,
centres, funds and any other entity affiliated to the
Government.
Executive
Management
: The undersecretaries of Governmental Entities,
Directors General, Executive Directors and persons
of equivalent status, regardless of their appointment
instrument.
Committee : The Executive Management Affairs Committee.
National Service : The service that shall be performed for the sake of
the nation in accordance with the provisions of the
applicable National Service Law.

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Employment Contract : The document regulating the employment relationship
between the employee and the governmental entity,
in accordance with the contract forms issued by the
Authority.
Employee : A person appointed by a resolution from the competent
appointment authority to assume the functions of an
executive management job stated in the Public Budget
at a Governmental entity.
Military / Civil Retiree : The person whose service has ended and has been
granted a pension by virtue of the provisions of the
relevant Laws.
Year : The Gregorian year.
Month : A time unit of thirty days.
Working Day : The official working day determined by the executive
resolutions of the Law.
Article (2)
Scope of Application
1. The provisions of this Regulation shall apply to all Executive Management
employees, working at Governmental Entities in the Emirate.
2. Executive Management employees shall be subject to the provisions
of the executive regulations of Law No. (6) of 2016 concerning Human
Resources in the Emirate of Abu Dhabi in proportion to the nature of their
jobs, where no special provision are stated in this Regulation.
Article (3)
Appointment
1. The candidate for appointment shall submit all documents and
substantiating papers necessary to complete the appointment procedures,
after having them certified and approved by the concerned entities. The
governmental entity shall keep a copy of said documents and papers in
the personal file of the candidate upon his appointment and shall maintain
their confidentiality. The candidate shall be responsible for the validity

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and integrity of the documents he submitted.
2. Upon his appointment, the candidate shall occupy the grade to which he
is appointed.
3. The appointed employee shall be entitled to the gross salary, allowances,
benefits and any other legally prescribed rights.
Article (4)
General Conditions of Appointment
In order to be appointed in any of the Executive Management jobs, the
candidate shall:
1. Be a citizen of the State.
2. Be of good conduct.
3. Hold a national service card if the job candidate is bound to have it.
4. Not have been sentenced to an imprisonment for a felony or misdemeanor
involving moral turpitude or dishonesty, unless he has been rehabilitated
according to the legislations in force. This shall be proven by presenting
a criminal record certificate issued by the competent entities. The
competent authority may exempt the employee from this condition, if
necessary.
5. Not have been dismissed from service by a final disciplinary resolution
or judgment, unless at least two years have passed since its issuance.
This period may be reduced to one year or he may be exempt from this
condition if the competent appointment authority finds out a justification
for the same.
6. Prove he is healthily fit for the job.
7. Have the necessary qualification for appointment to the job.
8. The candidate shall meet the requirements and conditions for occupying
the job.
9. The candidate's work experience shall not be less than thirteen years.
Article (5)
Appointment Procedures
• The procedures of appointment to one of the vacant Executive Management
positions in the Governmental Entity shall be conducted in accordance with:

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1. The suggestion of the Chairman of the Governmental Entity.
2. The study and recommendation of the Committee.
• The resolution to appoint the candidate shall be issued by the Chairman
of the Executive Council or the Executive Council, as the case may be,
and this resolution shall determine the job title and the grade that the
employee will occupy.
• The Executive Council shall determine the gross salary prescribed for the
employee in accordance with the legislations in force.
• It is not permissible to join work prior to the issuance of the appointment
resolution, and the joining procedures shall be as follows:
1. An employment contract shall be concluded with the employee before
joining work at the Governmental Entity and after the issuance of his
appointment resolution, and shall be signed by both the Chairman of
the Governmental Entity and the appointed employee.
2. The Governmental Entity shall use the forms of employment contracts
approved by the Authority, and it shall not make any amendment to
them without the approval of the Authority.
3. The employee shall, before undertaking his work duties, review the
rules of corporate behaviour for the Governmental Entity employees
and sign a copy thereof.
Article (6)
Appointment of a Military or Civil Retiree
The military and civil retiree may be appointed in Executive Management
positions, in accordance with the rules issued in this regard and the executive
regulations of Law No. (6) of 2016 concerning Human Resources in the
Emirate of Abu Dhabi.

Article 7 — Subscription to the Retirement Scheme ¶

The Governmental Entity shall register the employee in the retirement
scheme, and pay the contributions prescribed for the same in accordance
with the legislations in force in the Emirate.

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Article 8 — Rules for determining the grade, Gross Salary and Basic Salary ¶

1. The employee shall be appointed to a sub-grade according to the
assessment of the job for which he is nominated for in accordance with
the job assessment methodology approved by the Authority.
2. The employee shall be entitled to the gross salary equivalent to the grade
he occupies commensurate with his experience and qualifications.
3. The promoted employee within the Governmental Entity shall be granted
the basic salary for the sub-grade he is nominated for or his previous
basic salary, whichever is higher.
4. The employee nominated for appointment may be granted a financial
increase on his basic salary in any of the following cases:
a. If the candidate’s years of practical experience exceed the minimum
requirements for the position, he may be granted an increase of (2%) of
the basic salary of his sub-grade for each additional year of experience
with a maximum increase of (20%).
b. If the candidate's last gross salary is higher than the gross salary of the
job for which he is nominated by more than (20%), he shall be granted an
increase equal to (5%) of his previous gross salary.

Article 9 — Promotions ¶

The employee shall be promoted according to the following conditions:
1. Career Promotion:
The promotion to an Executive Management job shall be by a resolution
from the Chairman of the Executive Council or the Executive Council,
as the case may be, and this resolution shall determine the job title
and the grade that the employee will occupy, according to the following
conditions:
a. The promotion candidate shall have the minimum qualifications and
practical experience and fulfil the job requirements according to the
approved job description card.

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b. The employee shall have spent at least one year in the current grade.
c. The necessary financial allocation for promotion shall be available.
d. Obtaining the necessary approvals from the concerned entities before
issuance of the promotion decision.
e. Availability of a vacant position.
f. The performance assessment rate shall not be less than (very good)
for the last two performance reports submitted for him.
2. Financial Promotion:
Based on the suggestion of the Chairman of the Governmental Entity and
the Authority’s recommendation, the Executive Council may financially
promote the employee, according to the following conditions:
a. If has spent two years in the current grade.
b. He shall have been obtained a performance assessment rate of no less
than (very good) for the last two performance reports submitted for
him.
c. The financial promotion shall be calculated at a rate of (10%) of
the salary, and the Executive Council may exceed the percentage
prescribed for the promotion.
d. It shall be granted again after two years, provided that the above
conditions are met.

Article 10 — Date of Entry into Effect of the Job Promotion ¶

The promoted employee shall be granted all the financial allocations specified
for the grade to which he was promoted as of the date of the promotion
resolution.

Article 11 — Transfer ¶

1. The employee's transfer within the same Governmental Entity or another
local or federal governmental entity shall be by a resolution of the
Chairman of the Executive Council.

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2. The transferred employee shall be entitled to his salary and all benefits
from the entity he is transferred to, as of the date of commencement of
his work. From this date, the payment of his salary and all benefits from
the entity from which he was transferred shall cease, and that date shall
be considered as the date of transfer.
3. The transfer of the employee shall be carried out without prejudice to his
acquired rights, and his basic salary and gross salary in the position to
which he is transferred shall not be less than what he was receiving in
the position from which he was transferred, unless the transfer was at his
request.
4. The employee’s service shall be considered continuous upon his transfer,
and the employment contract shall be considered continuous with
respect to the period of his service and his entitlements, as if it had been
concluded initially between the employee and the entity he is transferred
to, as the name of the latter shall automatically replace the name of the
entity from which he was transferred in the contract.

Article 12 — Delegation ¶

1. The employee may be delegated to carry out the duties of another vacant
job or because the occupant thereof is absent, provided that the grade
to which he is delegated is equivalent to the delegated employee’s grade
or one level higher. The delegation may be in addition to his original job.
2. The employee's delegation within the Governmental Entity or another
Governmental Entity shall be by a resolution of the Chairman of the
Executive Council.
3. The delegation shall be temporary for a period not exceeding one year,
which may be extended for another year only. The delegation may be
ended at any time before the expiry of its term.
4. The employee may not be delegated to carry out the duties of more than
one job, in addition to his original job.
5. The original employment entity shall bear the gross salary of the delegated
employee if the delegation is taking place between two Governmental

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Entities, and it shall continue to pay contributions to the retirement fund
in accordance with the legislations in force in this regard.
6. If the delegation is taking place between two Governmental Entities, the
Governmental Entity to which the employee is delegated shall bear the
delegation allowance.

Article 13 — Secondment ¶

1. The employee may be seconded, by a resolution issued by the Executive
Council, to federal and local governmental entities; private and public
legal persons in the State; and to Arab, foreign, international and regional
governments, bodies and organisations.
2. The entity to which the employee is seconded shall bear the gross
salary and allowances of the seconded employee, including the cost of
his retirement contributions, which his original employment entity shall
continue to pay to the retirement fund. He shall be granted his leaves
and other entitlements from the seconded to entity from the date of
commencement of the secondment until the date of its end.
3. The secondment shall be for one renewable year.

Article 14 — Leaves ¶

1. Periodic (annual) leave.
2. Sick leave.
3. Occupational injury leave.
4. Study leave.
5. Sabbatical leave.
6. Maternity leave.
7. Paternity leave.
8. Bereavement leave.
9. Iddat leave.
10. Hajj leave.

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11. Escort leave.
12. Unpaid leave.

Article 15 — 1. The approval grant a periodical (annual) leave, sick leave, sabbatical leave, ¶

hajj leave, escort leave and unpaid leave shall be issued by the Chairman
of the Governmental Entity.
2. The employee shall be annually entitled to a periodic (annual) leave with
a gross salary of thirty working days per year.
3. The employee's service period shall be considered continuous while
using any of the prescribed and approved leaves. The leave period shall
be calculated within the period of his service.
4. The employee shall not stop his work except within the limits of the
leaves granted to him, and he shall get back to his work after expiry of his
leave, otherwise he shall be considered suspended from his job and the
provisions related thereto shall apply in this regard.
5. An employee who is absent from work shall not be entitled to any of the
types of leave stipulated in this Regulation for the period of his absence.

Article 16 — Job Violations and Penalties ¶

1. Every employee who violates the duties stipulated in the Law or the relevant
legislations, or deviate from the job duties for which he is employed, or
does not abide by the rules and ethics of work and professional conduct,
shall be subject to disciplinary punishment in accordance with the
provisions of this Regulation and the relevant rules without prejudice to
civil or penal liability when necessary.
2. The employee shall be referred to investigation and discipline by a
resolution of the Executive Council.
3. No penalty may be imposed on the employee unless after conducting a
written investigation with him and giving him the opportunity to be heard
in away states his defence. The resolution issued on the imposition of the
penalty shall be reasoned.

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4. The employee shall not be exempt from disciplinary penalty, unless he
proves that his commission of the violation related to the job was in
implementation of a written order issued by his Line Manager despite his
written notice of the violation, and in this event, the responsibility shall be
borne by the issuer of the order.
5. The Governmental Entity shall inform the competent criminal entities if
it is found that what the employee has committed involves a criminal
offense.

Article 17 — 1. The following shall be taken in consideration upon imposing disciplinary ¶

penalties:
a. Nature of work of the employee and his duties and responsibilities.
b. The impact of the violating employee's behaviour on the work or other
employees of the Governmental Entity.
c. The circumstances in which the violating behaviour occurred.
d. The frequency of the employee's repetition of violations of all types.
2. All information and data contained in the investigations, whether on the
behaviour or the performance of the employee, shall be confidential
and may be accessed only by the concerned employee and the entities
concerned with administrative and criminal investigations.

Article 18 — Penalties that may be Imposed on the Employee ¶

The Executive Council shall have the authority to impose the following
disciplinary penalties on the employee:
1. Warning.
2. Written notice.
3. Deduction from the salary for a period not exceeding fifteen days at once
and not exceeding sixty days during one year.
4. Deprivation of annual bonus.
5. Suspension of work without gross salary, except for the accommodation

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allowance for a period not exceeding one month.
6. Suspension of work without gross salary, except for the accommodation
allowance for a period not less than a month and not exceeding three
months.
7. Termination of service, with the preservation of the right to obtain
retirement pension or bonus.

Article 19 — Investigating the Violations ¶

1. The Governmental Entity shall ascertain the facts, actions or complaints
received by it against the employee that may constitute or result in a job
violation, and require the imposition of one of the disciplinary penalties,
and submit its recommendations to the Executive Council.
2. The Executive Council may delegate the investigation of the violation
attributed to the employee, provided that the garde of the person
authorised to conduct investigation is not lower than the employee's
garde.

Article 20 — Procedures of Investigating the Violations ¶

1. The person authorised to interrogate the violating employee may set a
date to review the violation attributed to him and notify the employee in
writing, provided that the following is taken into account:
a. Handing over the notification to the employee in person, at his
workplace, by e-mail or by registered mail to his last known address.
b. Notification shall be made at least three working days before the date
set for the investigation.
c. In the event where the employee refuses to receive the notification or
does not attend, he will be notified again of the same procedure and
a date will be fixed for him to attend, provided that the notification of
the appointment is made at least one day before the date set for the
session.
d. If the employee does not attend after the second notification, the
investigation may be conducted in his absence.

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e. The investigation may be conducted to hear and take statements during
the period of leave granted to the employee, as the employee can be
called from his leave - when necessary - to conduct or complete the
investigation process.
2. Commencing the Investigation Procedures:
a. The person authorised to investigate shall make a complete summary
of the content of the violation under investigation, after studying and
examining it, and setting the earliest date for the investigation.
b. The investigation shall be in writing and in a confidential manner, and
all statements shall be recorded in the investigation minutes.
c. The investigation shall handle the discovered violations even if they
were not included in the notification.
d. The violator shall be confronted with what is attributed to him in an
accurate manner without confusion, ambiguity, or general description.
If he acknowledges what is attributed to him, the person authorised to
investigate shall prove that and question him in detail.
e. If the violator denies what is attributed to him, the person authorised
to investigate shall confront him with evidence, and verify his defence,
evidence and witnesses for his denial.
f. The employee who is referred for investigation shall have the right to
review all investigation papers and submit documents that support his
defence.
g. The person authorised to investigate shall conduct an inspection of the
location of the incident and confirm all that he identifies with precision
in the minutes or a separate minute if necessary.
h. The person authorised to investigate may move to any other entity if
the investigation requires the same to review the papers or ask any
person whose presence was not possible due to illness or the like.
i. Hearing Witnesses:
The person authorised to investigate may, sua sponte or at the request
of those who are being investigated, hear witnesses, and everyone who
is called to testify from among the employees may do so. If he abstains

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from attending or fails to attend without an excuse that is acceptable
to the investigating officer, that behaviour shall be considered a
disciplinary violation.
The relationship of the witness with the employee to which the violation
is attributed shall be proved.
When the witness refrains from signing, this shall be proven in the
minutes along with the reason thereof.
Should be impossible to hear the testimony of a witness, the person
authorised to investigate may request a memorandum of his information
on the facts that are the subject of the investigation. The memorandum
shall be included after annotating it by reviewing and attaching and
confirming its content in the investigation minutes.
j. The person authorised to investigate may confront the witnesses with
each other or with the employee to whom the violation is attributed,
and this is proven in a note to be documented in the minutes, provided
that each note is signed. In the event where the records and papers
are examined, this shall be recorded in the minutes with a complete
summary. It is also possible to include those papers or records or any
papers that the investigation requires reservation thereon.
k. If the person authorised to investigate becomes aware of a suspicion
of forgery in a piece of paper, records, or files that he viewed, he shall
retain it until the investigation is disposed of.
l. Upon completion of the investigation, an investigation memorandum
shall be prepared and shall include the following:
• A complete statement of the subject-matter of the violation, and the
discussion included in the investigation of the facts, evidence and
relevant laws, with an indication of the validity of each incident and
the extent of its attribution to an employee.
• The opinion expressed by the person authorised to investigate in
terms of determining responsibility and recommending or imposing
an appropriate penalty - as the case may be - or closing the case.
m. The Executive Council may return the papers to complete the

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investigation, and the person authorised to investigate shall implement
this as soon as possible and return the presentation with a new
memorandum in which he proves what he deems appropriate in light
of the completion of the investigation.
n. The Governmental Entity shall, within (5) working days, notify the
concerned employee of the penalties decided to be imposed thereon.

Article 21 — Suspension of Work ¶

1. Suspension of Work in favour of the Investigation:
a. The Executive Council may issue a resolution to suspend the employee
from work as a precaution for the interest of the investigation for a
period not exceeding one month. Such period may be extended for
another period if necessary.
b. Provisional suspension of the employee from work pending investigation
shall not result in any prejudice to his gross salary.
2. Suspension of Work as a Result of Pre-trial Detention or Serving a
Freedom-Restricting Sentence:
a. If a resolution is issued by the competent entities to detain the
employee before the trial, he shall be suspended from work throughout
the detention period, without prejudice to his gross salary.
b. Every employee serving a freedom restricting sentence in implementation
of a civil or criminal court ruling in a felony or misdemeanour not
involving moral turpitude or dishonesty, shall be suspended from work
by force of law, and deprived of his gross salary throughout the period
of his imprisonment. It is not permissible to consider promoting him
or granting him any bonuses or increases during this period and this
period shall not be included in his service period.
c. After completion of the freedom restricting sentence and release of the
employee, he shall commence his work within a maximum period of five
working days, otherwise he shall be deemed to have been suspended
from work. In such event, the provisions relating to suspension of work
shall apply.

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d. If the Governmental Entity deems, after studying the reasons for
the judgment issued against the condemned employee, and the
circumstances of the incident state that the perpetrator who committed
it is subject to disciplinary violation calling for disciplinary penalty, it
may be recommended to refer him to investigation to determine his
disciplinary responsibility.
3. The period of suspension from work as a disciplinary penalty shall not be
included in the employee's service period.

Article 22 — Financial Violations ¶

In the event where the Governmental Entity discovers any incidents that
constitute a financial violation, it shall:
1. Recommend the investigation of the financial violations committed by its
employees, in accordance with the provisions of this Regulation.
2. Inform Abu Dhabi Accountability Authority immediately upon discovering
the violation that constitutes a financial violation.

Article 23 — Extinguishment of Disciplinary Penalties ¶

1. The disciplinary penalties imposed on the employee shall become
extinguished and be considered as void ab initio upon lapse of the
following periods:
a. Three months in case of warning.
b. Six months in case of written notice.
c. Nine months in case of deduction from the salary.
d. One year in case of deprivation of annual bonus.
e. One year and six months in case of suspension from work.
2. The Executive Council may, without the need to request the same from
the employee, order the extinguishment of the disciplinary penalty if
the performance reports submitted for the employee within the periods
prescribed for such extinguishment are rated with the highest grade

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(excellent), provided that such removal is for one-time throughout the
employee’s service at the Governmental Entity.
3. The extinguishment shall result in considering the penalty as void ab initio
with respect to the employee’s future career, and this shall not affect the
rights and compensation entailed as a result thereof.

Article 24 — Termination of Service ¶

1. The relationship between the employee and the Governmental Entity shall
be considered an organisational relationship that ends upon achievement
or availability of certain reasons, and the termination of service shall
be either mandatory due to the employee’s lack of suitability for the
public office by an explicit resolution of the authority concerned with
appointment, or with the employee’s choice and consent.
2. An employee's service may not be terminated except in accordance with
the reasons stated in the Law and after verification, scrutiny, and taking
all the stipulated measures and observing compliance with the terms of
the employment contract and the provisions of the relevant legislations
in force.

Article 25 — Cases of Termination of Service ¶

Cases of termination of an employee's service shall be as follows:
1. Reaching the retirement age according to the Law of Civil Retirement
Pensions and Benefits in force in the Emirate.
2. Total disablity or medical unfitness for service according to a report
issued by the competent Medical Committee.
3. Resignation.
4. By a resolution of the Executive Council, whenever the public interest
requrires the same.
5. Based on the employment contract conditions.
6. By a resolution of the Executive Council, whenever it is decided to

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dismiss the employee who obtained two consecutive reports with the
lowest assessment rate.
7. Forfeiture of the State nationality or withdrawal thereof, from the date
of issuance of the decree prescribed for the same.
8. Final sentence to a freedom restricting penalty in a felony or
misdemeanour involving moral turpitude or dishonesty. The dismissal
may be permissive for the Executive Director if the sentence was with
the stay of execution of the penalty.
9. Dismissal from Office by Disciplinary Resolution or Dismissal by Court
Ruling.
10. Death.

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