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UAE: Strengthens Labour Law Penalties to Protect Workers’ Rights News developments

UAE: Strengthens Labour Law Penalties to Protect Workers’ Rights

  • 27/08/202427/08/2024
  • by Tanya Jain

The UAE has announced stricter penalties for companies violating labour laws, highlighting its commitment to safeguarding workers’ rights and combating illegal employment practices.

The recent amendments to the ‘Regulation of the Employment Relationship’, commonly known as the UAE Labour Law, introduce increased monetary fines ranging from AED 100,000 to AED 1,000,000 for labour law violations, a significant increase from the previous AED 50,000 to AED 200,000 range.

Specific offences targeted by the new penalties include employing individuals without proper work permits, neglecting to provide legitimate job opportunities, abusing work authorisation rules, and disseminating false recruitment or Emiratisation data.

In cases where companies fabricate employment or Emiratisation statistics, the fines will be multiplied by the number of employees involved in the fictitious employment. Moreover, companies found guilty of severe violations may face criminal penalties in addition to the substantial financial fines, depending on the severity and impact of the infringements.

The amendments also establish a new process allowing labour dispute cases to be brought before the Court of First Instance if dissatisfied with decisions made by the Human Resources Ministry and Emiratisation.

The UAE government’s move aims to deter employers from engaging in illegal hiring practices and ensure fair treatment of both UAE nationals and expatriate workers.
Companies found in violation risk substantial financial penalties and potential legal consequences, which could impact their ability to hire foreign talent in the future.

The amendments reinforce the UAE’s commitment to improving the regulatory framework and holding employers accountable for upholding labour rights and ethical employment practices.
Businesses operating in the UAE are advised to review their recruitment and employment processes to ensure full compliance with the updated regulations.

Professional advisory services are available to guide companies through the changes and mitigate risks associated with non-compliance.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

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UAE News developments

Dubai: Court Order to Pay Salaries in E-Currency

  • 21/08/202421/08/2024
  • by Tanya Jain

Khaleej Times, 18 August 2024: A Dubai Court has ordered an employer to pay an employee’s outstanding dues in UAE currency and cryptocurrency. The employee had filed a claim for arbitrary dismissal. Their employment contract stated that their monthly salary was to be paid in UAE dirhams and Ecowatt Tokens, which is a form of cryptocurrency.

The Dubai Court of First Instance Case, DCFI Case No. 1739/2024 ruled, in favour of the employee on their wrongful termination, and ordered the company to also pay the 5,250 EcoWatt token portion of the salary for six months in the cryptocurrency.

Salary payments in the UAE need to be registered with the WPS system, which only operates with AED. This case involved additional employee benefits which in this case included the Project Tokens. The company had not provided evidence of payment of the amount due to the claimant for the claimed months in EcoWatt tokens.

In 2023, under judgement number 6,947, the court had ruled in a dispute where part of the employee’s salary was to be paid in EcoWatt tokens. In that case the court acknowledged the inclusion of token in the employment contract, but ultimately refused the award amount in EcoWatt tokens.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit https://www.lexis.ae/lexis-middle-east-law/.

Lexis Middle East Law Alert: August-September 2024 Edition News developments

Lexis Middle East Law Alert: August-September 2024 Edition

  • 15/08/202415/08/2024
  • by Tanya Jain

Welcome to the August-September 2024 edition of Lexis Middle East Law Alert, your trusted source for the latest legal developments and insights in the MENA region. This issue delves into the most significant legal changes across the Gulf, including the introduction of stringent new telemarketing regulations in the UAE and the implementation of a groundbreaking enforcement law in Qatar. We also cover vital updates in DIFC property law, Saudi disability rights, and the latest customs regulations, providing you with a comprehensive overview of the legal landscape.

In addition to these key features, this edition highlights expert analyses on crucial legal topics such as non-compete clauses, a landmark ADGM case on fraud, and an in-depth profile of a leading legal counsel driving innovation at Qatar Stock Exchange. Whether you are a legal professional, a business leader, or simply interested in the evolving legal environment in the Middle East, this edition offers valuable insights to help you stay informed and ahead of the curve.

Stay informed with our meticulously curated content, designed to keep you ahead in the ever-changing legal landscape.

FEATURE: CALLING FOR CHANGE

Lama Alkhouli of Maamoun Alkhouli delves into the newly implemented legal framework governing telemarketing activities both onshore and offshore in the UAE, effective from August. The article provides a detailed analysis of how these stringent regulations will operate and the impact on businesses.


FEATURE: FULL FORCE OF THE LAW

The new enforcement law in Qatar aims to address the challenges creditors face. Experts from Mashael Alsulaiti Law Firm offer insights into the implications of this law and how it will streamline enforcement procedures for creditors.


IN-HOUSE PROFILE: WHEN MARKET MEANS INNOVATION

Aiman Khair, Legal Counsel at Qatar Stock Exchange, shares his insights on how his role contributes to the realization of the Qatari Financial Sector Strategy, emphasizing innovation in the market.


DISPUTE RESOLUTION FOCUS

A detailed analysis of a recent ADGM case involving allegations of fraud and breaches under Section 242 of the ADGM Financial Services and Markets Regulation 2015. Legal experts from Al Aidarous explain the importance of the case, particularly the decision to strike out all claims against one Defendant.


MOVERS AND SHAKERS

A round-up of the most significant appointments and promotions across the legal landscape in the region, highlighting the top moves that are reshaping the industry.


CONTRACT WATCH: NON-COMPETE CLAUSES

Gloria Estolano from M & Co. Legal examines non-compete clauses, providing valuable insights into their enforceability and implications for businesses.


LME Law Alert_ August-September 2024

Explore the past editions of the Lexis® Middle East Law Alert and stay up-to-date with the latest news! Click the links below for instant access to older editions.

Lexis Middle East Law Alert_January-February 2024

Lexis Middle East Law Alert_May/June 2024 Edition
Lexis Middle East Law Alert_July August 2023

TAX AND FINANCE ROUND-UP

A breakdown of the new Customs voluntary disclosure rules, providing clarity on compliance requirements and the impact on businesses in the region.


LEGAL ROUND-UP

Stay informed with our legal round-up, providing a comprehensive overview of recent developments across the region. Also, updates on the DIFC Property Law changes, highlighting the key modifications that stakeholders need to be aware of.


LAW MONITOR

An in-depth look at the Implementing Regulations for the Saudi Law on the Rights of Persons with Disabilities, exploring the legal protections and rights for individuals under this new regulation.


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UAE: Federal Law on Labour Relations Organisation Issued News developments

UAE: Federal Law on Labour Relations Organisation Issued

  • 14/08/202415/08/2024
  • by Tanya Jain

Al-Bayan, 12 August 2024: The UAE has issued a new federal decree-law amending provisions of the existing labour relations regulations. This move aligns with the country’s continuous efforts to develop a robust legislative framework that ensures an efficient and competitive labour market.

The primary objectives of the new decree-law are to regulate labour relations in a balanced manner, clearly defining the rights and obligations of all parties involved. Additionally, to provide comprehensive protection for workers and employers, enabling them to exercise their rights within a well-defined legal framework.

Lastly, to enhance the overall competitiveness of the UAE’s labour market.

Stringent penalties have been introduced for violations related to unauthorised employment practices.
Individuals found employing workers without proper authorisation, bringing in workers and leaving them without employment, misusing work permits, or closing facilities without settling workers’ rights will face fines ranging from AED 100,000 to AED 1 million.

Strict measures have been put in place to protect juvenile workers.
Employers found violating provisions related to the employment of minors will face similar hefty fines.
Additionally, individuals who agree to employ juveniles in violation of the law, including those with guardianship or custody over the minors, will also be subject to penalties.
Employers are now mandated to take necessary measures to settle the rights of workers in accordance with the new decree-law, its executive regulations, and related decisions before closing facilities or suspending operations.

The UAE’s proactive approach to enhancing its labour laws demonstrates its commitment to creating a fair and transparent work environment that safeguards the interests of both employers and employees.
These amendments are expected to further strengthen the country’s position as a preferred destination for skilled professionals and businesses seeking a robust and well-regulated labour market.

The UAE Government announced fines ranging up to Dh1 million on Monday after a Federal Decree-Law was issued, amending specific provisions of the Federal Decree-Law on the Regulation of Employment Relationships.

A fine ranging from Dh100,000 to Dh1 million will be imposed on employers for employing a worker without a work permit or bringing them without providing any job. The same fine will also apply for closing a business without settling the rights of workers, taking part in fraudulent labour acts including fraudulent employment or fictitious Emiratisation, employing a minor in violation of the law, and engaging in any act of circumvention of the laws or regulations governing the labour market, including fictitious employment.

As per the new provisions, the penalties will multiply based on the number of workers fictitiously employed.

Additionally, The Ministry of Human Resources and Emiratisation is now authorised to make a settlement provided that the employer pays 50 per cent of the minimum value of the fine and pays back to the government the financial incentives obtained by the fake employees.

The new decree stipulates that any criminal proceedings for fictitious employment, including fake Emiratisation, can only be initiated at the request of the Minister of Human Resources and Emiratisation or his/her authorised representative.

The decree also states that any disputes between employers and employees should be referred to the Court of First Instance rather than the Court of Appeal, if there is a disagreement with the decision made by the Ministry of Human Resources and Emiratisation in resolving the dispute.

This applies to all cases except for those disputes that have been adjusted or reserved for the issuance of a judgement.

Starting from the date of implementation of the provisions, the Court of Appeal is required to refer all requests, disputes and grievances regarding the regulation of employment relations to the Court of First Instance.

As per the new provisions, the court shall revoke proceeding with any claims filed after two years from the termination of the employment relationship.

This decree is part of the country’s ongoing efforts to develop its legislative and legal framework.
It aims to ensure the efficiency and competitiveness of the labour market, regulate employment relationships, and clearly define the rights and obligations of all parties involved, and ensure their protection by law.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

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Lexis Middle East HR Alert – July 2024 Edition News developments

Lexis Middle East HR Alert – July 2024 Edition

  • 29/07/202430/07/2024
  • by Tanya Jain

Welcome to the latest edition of Lexis Middle East HR Alert – July 2024, your definitive source for staying abreast of the legal and business developments shaping HR in the Middle East. As the region continues to evolve and adapt to global standards, it is imperative for HR professionals, legal practitioners, and business leaders to stay informed about the changes and trends impacting the workforce.

In this issue, we delve into the critical reforms in wage protection systems in Saudi Arabia and Qatar, shedding light on how these changes aim to safeguard employees’ rights. Our comprehensive News Round-Up covers key regional developments, including significant retirement age changes in Saudi Arabia, while our Immigration Focus highlights the latest visa and immigration changes across the GCC, essential for managing international workforces.

Gain valuable insights from industry experts like Joshua Decker, Shreyansh Singh, and Antoine Salloum, who provide in-depth analyses and perspectives on current HR and legal challenges. Additionally, our HR and In-House Profiles feature Ryan Jackson and Shayan Sultan, sharing their strategies and experiences in navigating the dynamic HR landscape.

Stay updated with the latest business moves, appointments, and promotions, and explore new and proposed laws affecting the MENA region. This issue also includes a pivotal case study from the DIFC, emphasising the importance of understanding legal precedents in employment law.

Happy reading!

This edition features a diverse range of content, including:

Feature: Protecting Pay Cheques

Saudi Arabia and Qatar are both in the process of updating their wage and salary protection systems. Joshua Decker of Vaishvik Law International Ltd delves into the specifics of these reforms, providing a comparative analysis of both systems and how these changes are set to improve wage protection for employees in these countries.


Trend Setter – Smoke and Mirrors: Gulf Workers’ Housing Reality

The tragic Mangaf fire in Kuwait has brought to light the dire conditions in which many foreign workers live. Shreyansh Singh, Associate Partner at Shree Legal Consultancy, examines this incident and highlights the pressing need for more stringent housing regulations to ensure the safety and well-being of foreign workers in the Gulf.


News Round-up: Covering Recent Key Developments – Region-Wide

Stay updated with the latest regional developments, including significant changes to the retirement age in Saudi Arabia, impacting HR policies and employee planning across the region.


Immigration Focus

Explore the latest immigration and visa regulations across the GCC, with a special focus on Qatar’s new exit requirements. This section provides essential insights for HR professionals managing international workforces.


Immigration Focus: Turning Qatar’s Challenges into Opportunities

Antoine Salloum, an expert in Qatar’s immigration sector, offers an insider’s perspective on navigating the ever-evolving immigration landscape, turning potential challenges into strategic opportunities.


Law Changes: New and Proposed MENA Laws

Sarit Thomas and Emma Higham from Clyde & Co analyse Qatar Cabinet Decision No. 11/2024, detailing the new eligibility criteria for early retirement under the updated Social Insurance Law. This section covers crucial legal changes affecting HR policies and employee benefits.


Case Focus – DIFC Case No. 039/2024: Noah v Nicole

This case, recommended by Ayesha Karim, highlights a pivotal issue concerning the right to a salary in an unopened business. Issued on 28 May 2025 by the DIFC Small Claims Tribunal, this case sets a significant precedent for employment law in the region.


Enrich your understanding of the HR landscape and stay up-to-date with the latest trends, cases, and policies through the newest issue of Lexis Middle East – HR Alert.


For all the latest industry updates and developments, opt for a free HR Alert subscription!

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Lexis Middle East HR Alert_July 2024

Have you read the Lexis® Middle East HR Alert – previous 2024 editions? Click the links below to access and read these editions.

Lexis Middle East HR Alert_January 2024
Lexis Middle East HR Alert_May 2024

HR Profile: Embracing Culture In Recruitment

Ryan Jackson, founder and CEO of Culture First Recruitment, shares his journey and offers insights into addressing talent shortages in the UAE. By focusing on a culture-centric approach, Jackson discusses how evolving workforce dynamics can be managed effectively.


In-House Profile: Practitioner Perspective

Shayan Sultan of Fragomen provides an overview of upcoming changes in Bahrain that will impact the costs charged by agencies recruiting domestic workers, highlighting key points HR professionals need to consider.


Policy Pointers: Smokeless Zones

Maisa Maarouf, Head of HR and Administration at BSA Ahmad Bin Hezeem & Associates LLP, contributes her expertise on creating smokeless zones, an essential policy pointer for maintaining a healthy work environment.


Moves and Changes

Stay informed about the latest business news, significant appointments, and promotions across the region, ensuring you are up-to-date with the key players in the market.


HR Profile: Recruitment in an Evolving Market

Mpho Netshiombo, Head of People, Performance, and Culture at KPMG Bahrain, discusses how recent legal and market changes have impacted recruitment strategies. He shares his approach to talent development, management, and engagement in this evolving landscape.


QICDRC Special Edition Newsletter: SIFOCC 5th Full Meeting News developments

QICDRC Special Edition Newsletter: SIFOCC 5th Full Meeting

  • 24/07/202425/10/2024
  • by Tanya Jain

Welcome to the QICDRC Special Edition Newsletter, dedicated to the Fifth Full Meeting of the Standing International Forum of Commercial Courts (SIFoCC). This edition highlights significant speeches and reflections from esteemed legal professionals, providing insights into the evolving landscape of international judicial dialogue.


In this Edition:

KEYNOTE SPEECH

The Spirit of the Judicial Task and the Importance of International Judicial Dialogue By The Honourable James Allsop AC, Former Chief Justice of the Federal Court of Australia.


REFLECTIONS ON THE FIFTH FULL MEETING

By Lord Thomas of Cwmgiedd, Chairman of SIFoCC’s Steering Group and President, Qatar International Court (QIC)


REFLECTIONS ON THE FIFTH FULL MEETING

By Justice Dr. Muna Al-Marzouqi, Judge, QICDRC, and Associate Vice President for Academic Planning & Quality Assurance at Qatar University


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Lexis Middle East Gulf Tax – Summer 2024 Edition News developments

Lexis Middle East Gulf Tax – Summer 2024 Edition

  • 08/07/202408/07/2024
  • by Tanya Jain

Welcome to the latest edition of Lexis Middle East Gulf Tax Magazine, your comprehensive guide to the evolving tax landscape in the Gulf Cooperation Council (GCC) region. As businesses navigate through dynamic tax regulations and new compliance requirements, staying informed is crucial. This edition brings you expert insights, practical advice, and updates on significant tax developments affecting various sectors across the GCC.

In this issue, we delve into the attractive tax incentives for companies establishing Regional Headquarters in Saudi Arabia, with insights from Sadia Nazir of KPMG. We also explore the recent changes in the taxation of foreign banks in Dubai, expertly explained by Charles Collett of PwC. As the UAE prepares for the implementation of E-Invoicing in 2026, we highlight the key takeaways businesses need to consider to ensure readiness and efficiency.

Gulf Tax Magazine remains committed to providing valuable knowledge and expert perspectives to help you navigate the complexities of the GCC tax environment. We hope you find this issue insightful and beneficial for your tax planning and compliance efforts.


FEATURE: OVER AT HQ

In this feature, Sadia Nazir from KPMG Saudi Arabia explores the tax incentives available for companies establishing a Regional Headquarters (RHQ) in Saudi Arabia. Nazir delves into the specifics of these incentives, offering insights into how businesses can benefit from setting up their RHQs in this strategic location.


FEATURE: TAXING: NEW ERA FOR BANKS

Charles Collett of PwC provides an in-depth analysis of the recent changes in the taxation of foreign banks in Dubai. Collett explains how these changes impact foreign financial institutions and what steps they need to take to comply with the new tax regulations.


TAX NEWS ROUND-UP

This round-up covers recent key developments in tax treaties and regulatory changes across the region, providing readers with a comprehensive overview of the latest updates.


WHAT’S CHANGED?

With the implementation of E-Invoicing set for July 2026, UAE businesses must evaluate their readiness in terms of people, processes, and systems. This section highlights the importance of automating invoicing processes to enhance efficiency and ensure a smooth transition to the new system.


PRACTICAL FOCUS: ON REAL ESTATE

Brian Conn and Ashish Athavale of BDO discuss the application of VAT on real estate in GCC countries. As the real estate market continues to boom, this article examines how VAT impacts investors and the overall market dynamics.


TAX PROFESSIONAL PROFILE:

Head of Tax Operations – MEA, Amedeo Aragona, discusses his proactive approach to tax audits. Aragona shares strategies for mitigating risk and avoiding costs through careful audit preparation and execution.


ANY QUESTIONS?

Mohamed El Baghdady of Habib Al Mulla examines the recent changes to UAE guidance on the VAT treatment of board members’ services, providing clarity on whether VAT is applicable and under what conditions.


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Lexis Middle East Gulf Tax_Summer 2024

Have you read the Lexis® Middle East Gulf Tax – Spring and Summer 2023 editions? Click the links below to access them.

Lexis Middle East Gulf Tax | Autumn 2023

Lexis Middle East Gulf Tax |Spring 2023
Lexis Middle East Gulf Tax | Winter 2023
Survey: The expansion of localisation within the GCC region News developments

Survey: The expansion of localisation within the GCC region

  • 24/06/202428/06/2024
  • by Tanya Jain

Vialto Partners and LexisNexis 2024 Survey

In recent years there has been a noticeable trend in the GCC region regarding the implementation of localisation policies. These policies have had a profound impact on various aspects of the workforce, including recruitment, training, and internal promotions.

Analysis

One prominent example is the expansion of Emiratisation in relation to United Arab Emirates (UAE) 2021 Vision Strategy, which saw the UAE authorities introduce further mandatory requirements for Mainland companies in 2022 and 2023 respectively, to enhance initiatives targeted at employing local talent. Similarly, we also saw the Kingdom of Saudi Arabia (KSA) implement rigorous Saudisation rules and regulations, aimed at specific industries and professions to promote the employment of Saudi nationals. In respect to these developments, Vialto Partners and LexisNexis joined forces in early 2024 to conduct a comprehensive corporate survey on the challenges and impact of localisation policies on businesses operating within the GCC region.

Key Findings

  • Seventy-eight percent (78%) of businesses who participated in the survey were able to meet their localisation quotas and found the changes implemented by the authorities to be positive, as it led to more opportunities for GCC employees within their organisations.
  • Twenty-two percent (22%) of businesses faced difficulties meeting localisation quotas as they found the requirements to be challenging, impractical and unrealistic, which was also exacerbated by a lack of local specialised talent.
  • Eighty-nine percent (89%) of businesses found that localisation policies contributed to their organisations creating internal programmes and employing staff internally to accommodate and meet the demands of localisation policies. Despite this, seventy-eight percent (78%) of businesses found that meeting localisation policies contributed to an increase in labour and operational costs.
  • Twenty-two percent (22%) of businesses found that localisation policies did not lead to new opportunities for GCC nationals within their organisations and they did not experience an increase in labour or operational costs.
  • Sixty-one percent (61%) of businesses found that they already had global policies for assignments in place for international staff. Whereas thirty-nine percent (39%) of businesses did not have any global policies in place for international staff, and eleven percent (11%) did not have any internal programmes for training and development.
  • Fifty-three percent (53%) of businesses changed their policies on opportunities for international staff to meet the demand of localisation quotas. In contrast, forty-seven percent (47%) of businesses reported that they had already implemented diversity and inclusion initiatives (which was not aimed at a specific nationality or origin) prior to the implementation of localisation rules.

Overall, employers found localisation policies to be challenging yet reasonable within the GCC region, as it encouraged businesses to work closely with local authorities and communities to attract and retain local talent.

Key Trends

  • Some employers were successful with meeting, or even surpassing localisation quotas by implementing a comprehensive plan which included targeting roles to be filled by a local employee versus a foreign national, as well as employing skilled professions who were experts with managing localisation policies. As a result, the actions from these employers showed the importance for businesses to adapt and tailor their operational objectives to align with localisation initiatives, through meticulous and strategic planning.
  • Some employers found meeting localisation quotas to be difficult and unattainable, as it limited their ability to employ foreign skilled workers, in lieu of local talent who did not possess the necessary skill set to meet their business needs. For example, organisations which participated in the survey noted that due to the restrictions imposed by localisation policies in KSA and Kuwait, they were restricted from recruiting talent internationally, which in turn, created a skilled worker shortage and prevented these companies from being able to compete in local economies. As a result, some companies were unable to meet the requirements to bid for government contracts and projects.
  • Some employers found the rules and regulations published by GCC authorities on localisation policies to be fluid, unclear and difficult to ascertain, as the rules were constantly changing. This was also accompanied by tight deadlines for implementation, thus businesses felt under pressure to meet these regulatory provisions, as they did not want to be penalised financially or risk reputational damages. As such, businesses wanted to avoid administrative penalties such as:
    • The inability to renew or hire new employees due to a suspension from using their company’s portal.
    • The downgrade of the company’s registration category, leading to increased government hiring fees, limited work permit quotas and loss of revenue.

Practical Considerations

There are initiatives which GCC authorities have introduced to help businesses target and retain local talent, whilst also incentivising them. For example, the UAE authorities implemented the Nafis programme to encourage Emirati nationals to apply for jobs in the private sector through a wide range of incentives such as:

  • The introduction of on-the-job training and apprenticeship programmes, targeted at Emirati nationals who have recently graduated from school, university or returning to work after a prolonged break.
  • The introduction of a child allowance scheme which offers financial support to Emirati nationals in the private sector who have children and earn a salary below AED 50,000 per month. Through this initiative, Emirati nationals can return to work and claim a monthly allowance of AED 600 per child.
  • The introduction of an Emirati salary support scheme which has been designed to provide support to Emirati nationals seeking employment in the private sector through training programmes, as well as a top-up contribution scheme for those already employed in the private sector. Through this initiative, eligible Emirati nationals will receive additional financial support to bridge the gap between their current salary and their relevant target salary. To qualify for this top-up contribution, eligible Emirati nationals must be employed full-time in the private sector, earning a monthly salary of up to AED 30,000. It is also important to note that eligible Emirati nationals must not hold any shares in their respective establishments and their salaries must be paid through the Wage Protection System or any other official payment method. Furthermore, they must not receive any salary from any government entity, and they must have an active pension contribution with either the Abu Dhabi Pension Fund (ADPFBF) or the General Pension & Social Security Authority (GPSSA), with pension contributions being paid for the last two months.

Similarly, in KSA, the Ministry of Labor and Social Development (MLSD) has taken significant steps to boost the employment of Saudi nationals in the private sector through strategic initiatives aimed at empowering women to return to the workforce, train Saudi nationals so they can compete in the local market and overall create more job opportunities for Saudi nationals. Some of the initiatives include:

  • The introduction of the ‘Skills Accelerator’ programme which provides training vouchers to Saudi nationals working in the private sector so that they can further enhance their skills and raise their productivity in the workplace.
  • The introduction of the ‘Parallel Training’ programme in collaboration with renowned organisations such as Saudi universities, academies, and training establishments. This initiative was designed to provide practical training to Saudi women, equipping them with the essential skills to advance their career in the private sector.
  • The mandatory disclosure of training data to all establishments employing fifty or more employees. At the end of each calendar year, these establishments are required to disclose data and training activities, such as the number of training hours and related information, as well as the number of trainees who have completed training in categories such as employees, students, graduates, and job seekers. The disclosed training duration should not be less than eight units per trainee per year. Additionally, these establishments must disclose their training plans, data, and reports on training activities, the number of trainees, and the total budget allocated for the following year. The Ministry affirms that this resolution will contribute to an accurate analytical assessment of training indicators in the labor market.

With Saudisation and foreign investment at the forefront of Vision 2030, we have seen the authorities implement unique strategies to incentivise companies to remain in KSA. Most notably through the introduction of the Regional Headquarters (RHQ) programme which was designed to encourage companies to set up their regional operations in KSA and and in return these companies would gain an array of benefits such as:

  • Be exempt from Saudisation requirements for a period of ten years.
  • Be exempt from corporate Income and Withholding Taxes for a period of thirty years.
  • Be awarded unlimited work visa quotas for their RHQ employees.

The expansion of localisation in KSA and UAE has paved the way for other GCC countries to take similar measures and implement comparable initiatives. For example, in Qatar, the Qatar Cabinet recently approved a draft law on the nationalisation of jobs in the private sector, which aligns with the Ministry of Labour’s strategy to boost the number of Qatari nationals employed in the private sector. The proposal has been referred to the Shura Council for their approval and if approved, we can anticipate the implementation of quotas, along with the creation of jobs and training opportunities specifically aimed to benefit the employment of Qatari nationals in the private sector.

Businesses who participate in government programmes and comply with localisation rules and regulations could enhance their company profile and experience benefits such as:

  • Move to the highest category on their company license.
  • Be considered for government tenders.
  • Be a beacon for promoting a diverse and inclusive workforce, whilst also building close relationships with communities.
  • Diversify their recruitment pool and target a wider range of individuals, which does not solely rely on school and university graduates, but also individuals who have taken a career break and are now ready to rejoin the workforce.

Recruitment planning will be important for businesses looking to attract and retain local talent. HR and Global Mobility teams may need to set out the benefits to stakeholders for diversifying their workforce, as well as working with relevant business units to implement a strategy in terms of where local talent is sourced, and how talent can be nurtured to ensure long term retention.

Conclusion

The expansion of localisation policies within the GCC region has sparked significant transformations in the workforce dynamics, recruitment strategies, and operational frameworks of businesses. The findings underscore a mixed landscape, where the majority of businesses have been able to meet localisation quotas, albeit with increased operational costs. Yet, the overwhelming sentiment is one of positivity, with localisation initiatives driving internal programmes and fostering greater opportunities for GCC employees. Navigating these policies hasn’t been without hurdles; employers have had to adapt swiftly to evolving regulations, often facing uncertainties and tight deadlines, while some have encountered difficulties in balancing the recruitment of local talent with the need for specialised skills.

Despite these challenges, there’s a clear recognition among businesses of the necessity to align with localisation objectives. Successful organisations have demonstrated the importance of strategic planning, tailoring their approaches to meet quotas while maximising the potential of local talent. Conversely, those struggling to meet quotas have highlighted the impact on competitiveness and access to government contracts.

The UAE authorities, for example, have introduced supportive initiatives to aid businesses in targeting and retaining local talent, offering incentives such as training programmes and financial support. Participation in these programmes position businesses as advocates for diversity and inclusion, fostering closer ties with communities and expanding their recruitment pools.

As the GCC region continues to evolve, the journey towards effective localisation remains ongoing. It’s a journey marked by collaboration between businesses and authorities. In this evolving landscape, adaptability, strategic planning, and a commitment to fostering local talent will remain essential for businesses to thrive.

It is also crucial for businesses to stay alert and keep up to date with the latest rules and regulations regarding localisation. In this way, businesses can proactively prepare for the future, whilst also effectively navigating the ever-changing landscape of localisation.

Written by:

  • Anir Chatterji, Partner, EMEA Immigration – anir.chatterji@vialto.com
  • Rekha Simpson, Director, Middle East Immigration – rekha.simpson@vialto.com
  • Ali Ibrahim, Director, KSA and Bahrain Immigration – ali.a.ibrahim@vialto.com
  • Nasrine Abdi, Manager, Middle East Immigration – nasrine.abdi@vialto.com

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UAE: Issues Federal Decrees Forming Council For Fatwa News developments

UAE: Issues Federal Decrees Forming Council For Fatwa

  • 21/06/202421/06/2024
  • by Tanya Jain

Khaleej Times, 19 June 2024: The President of the UAE has issued two federal decrees forming the UAE Council for Fatwa and appointing its Chairman with the rank of Minister.

The UAE Council for Fatwa serves as the official authority for issuing fatwas in the UAE, aiming to unify efforts, visions, and objectives to develop approaches, policies, and legislation related to fatwas.

The council is responsible for issuing general, urgent, and new fatwas on various matters, conducting studies and research in various fields of fatwas, providing legal opinions on relevant legislation, licensing the practice of issuing fatwas, and training and developing the skills of muftis.

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Saudi Arabia: CMA Proposes Expanding Public Fund Investments News developments

Saudi Arabia: CMA Proposes Expanding Public Fund Investments

  • 21/06/202421/06/2024
  • by Tanya Jain

Al-Watan, 12 June 2024: The Saudi Capital Market Authority has invited public comments from interested parties, market participants, and stakeholders on the proposed amendments to the Investment Funds Regulations, allowing a 30-calendar day consultation period ending 12 July 2024.

The project aims to allow public funds to subscribe to debt instruments offered through private placements if issued by issuers within the Kingdom, in order to enable the growth of the asset management industry.

Under this project, a public fund manager will be able to subscribe with a larger number of debt instrument issuers, after removing the conditions imposed on them according to the Investment Funds Regulations.

This development is expected to increase the attractiveness of the market for debt instrument issuers, as well as the appeal of funds investing in debt instruments as a result of the expanded range of assets available for them to invest in.

To enhance investor protection, the proposed project has required money market fund managers and capital protected funds to not invest more than 10% of the fund’s net asset value in debt instruments issued by a single issuer, in order to limit risks and increase portfolio diversification.

According to the proposed project, managers of public funds that invest in debt instruments are obligated to disclose the credit rating of the invested debt instruments in the fund’s quarterly statement, in order to enhance disclosure and transparency levels for investors in those funds.

The proposed amendments align with the Capital Market Authority’s strategy to deepen the debt market, increase liquidity, boost the Saudi market’s global competitiveness, and develop the sukuk and debt instruments into a top emerging market.

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