25 Apr 2015

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Expatriates may be hired in public positions on contract in Sharjah

Shaikh Sultan issues law on human resources in Sharjah.
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Sharjah — Expatriates can still be hired in public positions, but on contract basis, as per the HR Law 6/2015 issued by His Highness Dr Shaikh Sultan bin Mohammed Al Qasimi, Member of the Supreme Council and Ruler of Sharjah, on Thursday.

However, Emirati nationals and children of local women will have the priority of appointment in government organisations in the emirate of Sharjah, while non-nationals may be appointed as per contracts in accordance with the regulations.

Under this law, exceptions to the conditions of employment are granted to the Executive Council as per the recommendations by the HR department, without flouting the civil and criminal responsibility of the employee.

Part-time job is also acceptable under the new law whereas the Executive Council  is authorised to introduce new recruitment systems. The procedures, provisions, and recruitment schedule of these shall be defined in the executive bylaw.

However, each and every employee shall be subject to a probation period of three months that may be extended to a similar period with effect from the date of employment. The authority concerned with employment is entitled to terminate the service of the employee in case he proves to be incompetent for the position. The recruitment decision shall be considered null and void if the employee proved to have flouted the set conditions and submitted incorrect information even if he did so before this law comes into effect.

Permanent HR committee

A permanent committee for human resources will be set up under the Executive Council under the name: ‘Permanent HR committee’. A decision on the formation, membership duration, and mechanism of operation will be issued by the Executive Council.
The committee will also be authorised to comment on all the legislations referred by Dr Shaikh Sultan, the Executive Council, or HR department. It will also look into the complaints raised by the employees and give recommendations to the Executive Council.
Meanwhile, only the chairman or director of the government department is entitled to recruit an employee in a public position on the first and second grades, as well as grades five to seven (for engineers and employees on special contracts).
Nonetheless, this may only be given nod after being recommended by a government body. The HR department also has to study and refer the same to the Executive Council of the emirate for final approval.
As for the public positions on grades three and below, and engineers on grade four and below, they may be employed by the chairman or director of the government department, but after being approved by the HR department.

Resignation and end-of-service benefits

No resignation of any employee will be accepted unless the set investigation procedures are followed. No employee shall have his resignation accepted or be fired if referred to the occupational disciplinary committee or concerned judicial bodies.

The application of resignation or termination shall only be looked into after the investigations are complete or after the final verdict is issued.

The end-of-service benefits of the national employee shall be counted as per the federal law 7/1999 whereas the bylaw determines the end-of-service entitlements of expatriate employees.
No employee may stop reporting to work unless eligible for the set leaves as per the provisions of this law. The judicial authority is powered to transfer an employee to another position equivalent to the one he holds in terms of grade and salary package.

The body concerned is also entitled to reward their employee (who performs outstandingly well) with a wage incentive up to double the regular one.

Should the employee obtain a master’s or doctoral degree, he shall be entitled to a monthly wage incentive against his degree, and that shall be determined in the executive bylaw.
The employee may be transferred from a government department to another inside the country, as approved by the concerned judicial authority, provided the transfer does not affect the rights of the employee, in terms of salary, leaves, and financial grade unless he agrees to the contrary in writing.



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