Cabinet Resolution Regarding the Regulation of Government Work Under Emergency Circumstances

Cabinet Resolution Regarding the Regulation of Government Work Under Emergency Circumstances

The last update on this law was listed on 26 Mar 2020

Issued Date

26 Mar 2020

Effective Date

26 Mar 2020

Official Gazette Date

15 Apr 2020

Official Gazette No

676

Legislation State

Active

Regulation Table

1

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Index
Index
Article (1)
Article (2)
Article (3)
Article (4)
Article (5)
Article (6)
Article (7)
Article (8)
Article (9)
Cabinet Resolution No. (19) of 2020 Regarding the Regulation of Government Work Under Emergency Circumstances

The Cabinet:
− Having reviewed the Constitution,
− Federal Law No. (1) of 1972 Regarding the Competencies of Ministries and Powers of Ministers, as amended,
− Federal Decree by Law No. (11) of 2008 Regarding Human Resources in the Federal Government, as amended,
− Federal Decree by Law No. (2) of 2011 Regarding the Establishment of the National Emergency, Crisis and Disaster Management Authority, as amended,
− Cabinet Resolution No. (1) of 2018 Regarding the Executive Regulations of the Human Resources Law in the Federal Government,
− Upon the proposal of the Chairman of the Federal Authority for Government Human Resources, and the approval of the Cabinet, and
− In view of the requirements of public interest in the State,
Hereby resolves as follows:

Article (1)

For the purposes of implementing the provisions of this Resolution, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
State: The United Arab Emirates.
Federal Entity: Any ministry established in accordance with Federal Law No. (1) of 1972 Regarding the Competencies of Ministries and Powers of Ministers, as amended, as well as any federal authority, institution, or regulatory body affiliated with the Federal Government.
Vital Functions: Functions carried out by the Federal Entity that are of political, economic, social, health, or environmental significance, as determined by the Head of the Federal Entity in coordination with the Federal Authority for Government Human Resources.
Emergency Circumstances: A set of major events resulting from the spread of the global pandemic of Coronavirus (COVID-19), which may affect the continuity of government work and threaten the health and safety of employees.

Article (2)

The provisions of this Resolution shall apply to all Federal Entities.

Article (3)

This Resolution aims to preserve the health and safety of the employees of Federal Entities and to regulate government work by establishing controls that ensure the continuity of the provision of government services.

Article (4)

1. All Federal Entities shall, under Emergency Circumstances, implement the Guide for the Implementation of the Remote Work System under Emergency Circumstances in the Federal Government, attached as Annex (1) to this Resolution, taking into account the nature of the jobs and the type of services provided thereby.
2. Without prejudice to the provision of Paragraph (1) of this Article, the percentage of employees whose work nature requires their presence at the workplace shall not exceed (30%), including employees occupying Vital Functions.
3. Each Federal Entity shall develop a plan to ensure the continuity of the provision of services and the performance of its tasks and duties assigned thereto.

Article (5)

The following categories shall be exempted from the provision of Paragraph (2) of Article (3) and shall be subject to the remote work system, regardless of the nature of the tasks assigned thereto:
1. Pregnant women.
2. People of Determination.
3. Persons suffering from chronic diseases, immunodeficiency conditions, and respiratory symptoms such as asthma and diabetes.
4. Employees in the aged (60) years and above.
5. Female employees who are responsible for the care of their children in grade nine in cycle three of the education system and below, provided that their job duties do not require their presence at the workplace.

Article (6)

All Federal Entities shall comply with the following:
1. Identifying their own Vital Functions which constitute the fundamental pillar for exercising their competences, and working to ensure the continuity of the work of their employees to provide vital services through technical and electronic means, while adhering to the health and safety standards issued by the Ministry of Health and Prevention under Emergency Circumstances, whether remotely or at the workplace.
2. Monitoring the performance of their employees to ensure the completion of the work assigned to them, whether from the workplace or remotely, through the approved electronic and smart systems in this regard, and in accordance with the provisions of Federal Decree by Law No. (11) of 2008, as amended, its Executive Regulations, and any resolutions issued thereunder by the Cabinet.
3. Taking all necessary measures to preserve the health and safety of their employees and customers to limit the spread of epidemics and diseases, including the instructions issued by the Ministry of Health and Prevention in this regard.
4. Observing the mechanisms, controls, and guidelines set out in the Guide for the Mechanisms of Implementing the Remote Work System under Emergency Circumstances in the Federal Government, attached as Annex (2) to this Resolution, as well as any other resolutions or instructions issued in this regard, in a manner that ensures the continuity of services delivery and the performance of tasks assigned to such entities in accordance with the rules, and that safeguards the health and safety of employees.

Article (7)

Employees occupying Vital Functions in Federal Entities shall not be granted annual leave under Emergency Circumstances, and the Federal Entity may recall any of them who are on leave.

Article (8)

1. All employees occupying Vital Functions in any Federal Entity shall be granted a financial allowance of (25%) of the basic salary of the job grade occupied by the employee, provided that it shall not exceed (AED 10,000) ten thousand dirhams, where they perform their duties at the workplace for a period exceeding two months under Emergency Circumstances.
2. The head of the Federal Entity shall submit a list of the names of the employees entitled to the allowance referred to in Paragraph (1) of this Article to both the Ministry of Finance and the Federal Authority for Government Human Resources, along with a statement of the financial cost arising therefrom, for the purpose of approving disbursement of the allowance from the budget of the Federal Entity.

Article (9)

This Resolution shall enter into force from the date of its issuance and shall be published in the Official Gazette.

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