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His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, may God protect him, in his capacity as Ruler of Dubai, issued Decree No. (49) of 2024 regulating the appointment of members of the judiciary from employees of government agencies in the Emirate of Dubai.
This decree aims to ensure the attraction of qualified national competencies for appointment in the judiciary, and to preserve the legal status and functional and financial rights of employees during the period of their enrolment in the training course held at the Dubai Judicial Institute to qualify and prepare candidates for appointment in the judiciary, which includes the Judicial and Legal Studies Program for Judges, and the Diploma in Legal and Judicial Sciences for members of the Public Prosecution. The decree also aims to maintain the continuity of work in the government agency where the employee enrolled in the training course works.
The provisions of the Decree shall apply to civilian employees and military personnel working for government entities that implement legislation regulating human resources affairs, including Law No. (6) of 2012 regarding the management of human resources for local military personnel working in the Emirate of Dubai, and Law No. (8) of 2018 regarding the management of human resources for the Government of Dubai, who are accepted to join the training course.
The general managers subject to the provisions of Law No. (8) of 2013 regarding the management of human resources for general managers in the Dubai Government and its amendments, and the executive managers subject to the provisions of Law No. (8) of 2021 regarding the management of human resources for executive managers in the Dubai Government, are exempted from the application of the provisions of this Decree.
Rights of the employee enrolled in the training course
The decree specified the rights of the employee enrolled in the training course, such that the government entity grants the employee who passes the admission requirements to join the training course a paid training leave on a full-time basis for a period equal to the duration of the training course.
These rights also include the employee receiving the total monthly salary, in accordance with the legislation regulating human resources affairs in force in the government entity for which he works, with the exception of other allowances or benefits related to the position he holds in the government entity, in addition to continuing to pay the monthly subscription amounts to the General Authority for Pensions and Social Insurance, in accordance with Federal Law No. (7) of 1999 regarding pensions and social insurance and its amendments, and Federal Decree-Law No. (57) of 2023 regarding pensions and social insurance, or the Pensions and Social Insurance Fund for local military personnel working in the Emirate of Dubai in accordance with Law No. (21) of 2008 regarding pensions and social insurance for local military personnel working in the Dubai government and its amendments, as the case may be.
These rights also include considering the period spent by the employee in the training course as part of his actual service period with the government entity, in addition to the continued entitlement to health insurance for the employee and his eligible family members, in accordance with the legislation regulating human resources affairs in force at the government entity for which he works. However, the employee shall not be entitled, during the period of his enrollment in the training course, to any job benefits associated with obtaining study leave in accordance with the legislation regulating human resources affairs in force at the government entity for which he works.
Conditions for granting training leave
The decree specified the conditions for granting training leave to an employee to join the training course and retain his rights, including that he be a citizen of the United Arab Emirates and that he pass the requirements for joining the training course, in accordance with the provisions of Law No. (13) of 2016 regarding the judicial authority in the Emirate of Dubai and its amendments and the decisions issued pursuant thereto.
According to the decree, in order to grant training leave to an employee, he must have passed the probationary period stipulated in the human resources legislation in force in the government entity where he works, and spent a period of no less than one continuous year in the service of the government entity, and must have spent a period of no less than one year in the service of the government entity from the date of the last academic qualification he obtained if he was sent on study leave from the government entity where he works, and must have spent a period of no less than one year in the service of the government entity from the date of the end of the previous training course, in the event that he did not complete the requirements for passing the training course for any reason. The decree authorized the Judicial Council in Dubai to exempt any employee from the periods referred to, after coordination with the government entity where the employee works.
The conditions also included that the employee must have successfully completed national service for male employees, unless he was exempted from it in accordance with applicable legislation.
Employee Obligations
The decree stipulates that the employee enrolled in the training course shall abide by the regulations and systems applied by the Dubai Judicial Institute to those enrolled in training and qualification courses designated for members of the judiciary, and the principles of professional conduct and public service ethics, approved by Executive Council Resolution No. (12) of 2020 regarding the adoption of the document of principles of professional conduct and public service ethics during the period of the training course, in addition to adhering to the dates specified by the Institute to attend the training course, and not being absent from it except with prior permission or an acceptable excuse.
The decree also stipulated that the employee enrolled in the training course shall commit to working for the government agency to which he belongs for a period equal to the duration of the training course, in the event that he does not pass or complete the requirements of the training course, in addition to joining work for the judiciary according to the position for which he is nominated, after successfully passing the training course and the issuance of a decision by the Judicial Council approving his appointment in the judiciary, provided that he continues to work for the judiciary for a period of not less than (5) five years from the date of appointment. The decree stipulated that if the employee breaches any of these obligations, he shall be obligated to return all total salaries paid to him by the government agency for which he works during the period of the training course.
The decree included the employee’s rights in the event of failure to pass or complete the training course requirements, such that the employee retains the job he held in the government agency to which he belongs before joining the training course. The decree also allowed the government agency to transfer the employee who joined the training course to any other job within the government agency, provided that it is equal to his previous job grade, while retaining his total salary, and that the job to which he is transferred is commensurate with the employee’s competence and qualifications. In the event that there is no job that matches his competence and qualifications, the government agency may transfer him to any other job it has to enable him to perform his job duties.
The decree also stipulates that when an employee is returned to his previous job or transferred to any other job, this shall not affect any of the employee’s rights under the legislation regulating human resources affairs in force in the government agency for which he works, including entitlement to promotions, job benefits and financial rewards.
Employee’s due leave
With regard to the leave due to the employee enrolled in the training course, the decree allows the employee to keep his periodic leave balance with the government entity he works for, and he may not use it during the period of the training course. The balance of periodic leave due to the employee during the period of his enrollment in the training course shall be carried over to the following year, in the event that he is returned to his previous job or transferred to any other job in the government entity. During the period of his enrollment in the training course, the employee shall be subject to the leave system applied to those enrolled in training courses at the Dubai Judicial Institute.
Performance Evaluation
According to the decree, an employee who joins the training course will receive a performance evaluation of “meets expectations” or its equivalent, unless the result of his performance evaluation with the government agency he works for in the year preceding his joining the training course was higher than that, in which case the employee will retain the same evaluation result, in the event that he is not appointed as a member of the judiciary.
The decree also stipulated that the government entity shall stop disbursing the employee’s dues and job benefits stipulated in accordance with the legislation regulating human resources affairs in force in the government entity for which he works, as of the date of issuance of the Judicial Council’s decision approving the employee’s transfer and appointment as a member of the judiciary, provided that the judiciary to which this member belongs shall undertake to disburse the dues, allowances and job benefits stipulated for him in accordance with the legislation applicable to members of the judiciary, as of the date specified in the legislation issued regarding the transfer and appointment of members of the judiciary.
Under the decree, the employee is exempted during the period of his enrolment in the training course from any responsibilities or instructions related to performing job duties at the government agency for which he works.
For the purposes of this decree, the General Secretariat of the Judicial Council shall undertake a set of tasks, including notifying the government agency of the names of its employees nominated to join the training course, two months before the course is held, with a detailed statement of the duration of the training course after the issuance of the Judicial Council’s decision approving their enrolment in the training course, provided that the government agency shall issue the necessary administrative decision to grant the employee training leave in accordance with the provisions of this decree and the legislation regulating human resources affairs in force in the government agency for which he works.
The decree also stipulated that the General Secretariat of the Judicial Council shall coordinate with the government agency where the employee works to facilitate his task of attending the training course and completing the requirements for passing it, in addition to notifying the government agency of the names of employees who did not pass the training course, as well as employees who passed it and successfully completed its requirements, and the date of their joining work with the judicial authority, so that the government agency can stop disbursing their dues and job benefits.
The General Secretariat of the Judicial Council, in accordance with the decree, shall provide the judicial authority for which the employee is nominated to work and the government agency for which he works, with a monthly report on the extent of the employee’s regularity and commitment to the requirements of the training course according to the timetable approved by the Dubai Judicial Institute.
For the purposes of this Decree, the Dubai Judicial Institute shall undertake a number of tasks, including providing the General Secretariat of the Judicial Council with a monthly report on the employee’s regularity and commitment to the requirements of the training course, as well as periodic reports on the evaluation of the employee’s performance during the training course, and any recommendations related to terminating the employee’s enrolment in the training course in the event of his breach of any of the obligations imposed on him under the Decree.
This decree shall be published in the Official Gazette and shall be effective from the date of its publication.
