Tanya Jain, Author at LexisNexis Middle East

Oman: Health Ministry Issues Circular on Maternity and Paternity Leave

04/10/202410/10/2024
by Tanya Jain

The Arabian Stories, 2 October 2024: The circular directs health institutions, particularly those that provide services to pregnant women and childbirth, to streamline the process for workers across all sectors to obtain proof of their eligibility for maternity and paternity leave.

According to the provisions outlined in the circular, maternity leave allowance, effective from 19 July 2024, is granted for a period of 98 days, which is not limited to a specific number of births.

The law permits that up to 14 days of this leave can be taken before the expected delivery date.
Paternity leave is granted for a period of 7 days, provided that the child is born alive and the leave is taken within 98 days of the child’s birth.

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News developments

Oman: New Cloud Computing Services Regulatory Bylaw

01/10/202401/10/2024
by Tanya Jain

Oman Daily, 29 September 2024: The bylaw regulating cloud computing services and data centres in Oman sets out the legal framework for licensing and operating such services, including requirements for applicants, fees, and classifications of service providers.

The bylaw mandates that applicants for a cloud computing service licence must be legal entities with commercial registers limited to telecommunications, information technology, or related services.

It outlines a licensing process with the Telecommunications Regulatory Authority and specifies fees ranging from 100 to 1000 Omani Rials.

The licence duration is three years, renewable unless the licensee requests cancellation.

The bylaw prohibits licensees from altering their legal form without prior approval and classifies service providers into categories such as main providers, aggregators, resellers, and agents.

It also establishes four levels of information security for subscriber content and imposes obligations on service providers regarding data protection, breach notification, and cross-border data transfers.

Administrative sanctions, including warnings, fines, and license cancellation, are prescribed for violations of the bylaw’s provisions.

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News developments

Qatar: CRA Issues Mobile Telecommunication Decision

04/09/202404/09/2024
by Tanya Jain

Al-Arab, 2 September 2024: The Communications Regulatory Authority (CRA) has issued a decision to mobile telecom service providers, Ooredoo Qatar and Vodafone Qatar to transition to high-speed Time Division Duplex (TDD) network technology in the 2.6 GHz frequency band by 31 March 2025.

This move aims to enhance the performance of public mobile networks in Qatar, optimise the use of this vital spectrum, ensure consistent usage in the Arabian Gulf region, and improve the telecom consumer experience through the latest 4G and 5G network technology.

Mobile service providers are required to cease all operations using the current Frequency Division Duplex (FDD) technology and ensure their networks are ready for this transition to provide a distinctive high-speed data service experience in Qatar.

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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.

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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.

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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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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.

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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!

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Lexis Middle East HR Alert_July 2024

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Lexis Middle East HR Alert_January 2024

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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.

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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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

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Lexis Middle East Gulf Tax | Autumn 2023

Lexis Middle East Gulf Tax |Spring 2023

Lexis Middle East Gulf Tax | Winter 2023