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UAE: New Classification for Companies on the Way

UAE: New Classification for Companies on the Way

  • 25/05/202225/05/2022
  • by Benjamin Filaferro

The UAE’s Human Resources and Emiratisation Minister has announced a new classification for companies is on the way.

It will be introduced on 1 June.

It has been introduced to respond to business owners’ demands.

It will protect employee’ rights and encourage innovation and promote the SME sector.

Companies who pledge to comply with the relevant laws and regulations on Emiratisation will be offered incentives.

The classification has been issued by Cabinet Decision No. 18/2022.

Companies will be split into three distinct categories by an interactive automated system which will enable a company’s classification to be changed transparently, in line with the procedures carried out by each company or transactions.

Companies will have to pay the service fees which correspond to the category they are in.

Companies who are in the first category will benefit from significant fee exemptions.

Companies will be able to be promoted to the first category if they meet at least one standard. These include increasing their Emiratisation rate at least three times above the target, cooperating with the Nafis programme to train at least 500 citizens annually or are a venture owned by a young citizen in line with the relevant approved standards.

They also include them being one of the training and employment centres which support implementing the Workforce Planning Policy by promoting cultural diversity or by being active in the targeted sectors and activities determined by the Cabinet based on a recommendation from the Ministry.

Companies which do not meet any of these criteria but have committed to the law and the cultural and demographic diversity promotion policy will be automatically classified in the second category.

All other companies found by the Ministry to have violated Federal Decree-Law No. 33/2021 and its Implementing Regulations (Cabinet Decision No. 1/2022) or the relevant resolutions regulating the labour market, or standards for protecting labour rights, or lack of commitment to promoting cultural and demographic diversity in the labour market will be categorised in the third category.

They may also be categorised in the third category if they commit other violations under Ministerial Decision No. 209/2022.

This includes issuing a final ruling that the facility committed a human trafficking crime, used or recruited workers without obtaining work permits, provided incorrect data, documents or information to the Ministry, violated obligations on workers’ wages, housing and safety standards, resorted to fake Emiratisation practices or committed other serious violations.

Service fees for work permits and transfer fees will not exceed 250 AED for companies in the first category for two years. The fees will be 1,200 for companies in the second category for two years. Companies in the third category will not be able to benefit from any fee rebates and the fees for issuing or renewing work permits will be 3,450 AED for two years.

Activities involving the employment of UAE and GCC citizens are exempt from these fees. Also reported in Alroeya on 24 May 2022. For full story, click here.

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UAE: Probation Period Explained

UAE: Probation Period Explained

  • 23/05/202223/05/2022
  • by Benjamin Filaferro

Emaratalyoum, 16 May 2022: The UAE’s Human Resources and Emiratisation Ministry has confirmed the employer has the right to appoint any employee for a trial period of up to six months from the date of starting work.

However, there can only be one probation period.

If the employee successfully passes the probation period and continues to work, the trial period will be counted within the period of service.

If the employer wants to terminate the employee’s service during the probation period, they must notify the employee in writing 14 days before the date of termination.

If the employee wants to move on, they must notify the original employer in writing within a month of their desire to terminate the contract.

The new employer has to compensate the original employer with recruitment costs or contracting with the employee, unless otherwise agreed. For full story, click here.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

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Saudi Arabia: Consultation on Draft Education Law Launched

Saudi Arabia: Consultation on Draft Education Law Launched

  • 23/05/202223/05/2022
  • by Benjamin Filaferro

Saudi Gazette, 17 May 2022: Saudi Arabia’s Education Ministry has announced it has launched a public consultation on a draft Education Law.

The law aims to organise all aspects of public education in a way which increases the level of learning to achieve the highest quality in education and improve its outcomes in terms of scientific and skill-related aspects.

If approved, a Public Education Council will be established.

It will have 17 members and be led by the Education Minister.

The Council will have various responsibilities, including approving public education policies and strategies, determining the age of admission to public education and establishing a minimum wage for teachers in private schools.

The Ministry together with the relevant authorities will set models for educational buildings and define their specifications and requirements.

They will also establish Government buildings to meet the objectives of public education. They will have the right to construct and own these buildings by contracting with the private sector.

In addition, they will regulate the use of public and private educational buildings outside of daily school hours and during public holidays to ensure public education objectives are met.

They will also supervise private school activities and follow up on their commitment to the law and regulations.

They will set the standards and controls for determining tuition fees in private schools as well.

They will not be able to be imposed or modified without their approval.

Under the law, education will be in-person at all stages of public education and the Ministry will have the right to benefit from e-learning technologies as part of in-person education.

The Ministry will encourage the private and non-profit sectors to participate and invest in public education services and establish nurseries, kindergartens and private schools at various educational levels in the Kingdom and for Saudi students abroad.

The Ministry will also encourage foreign investment in public education services.

Teachers in public schools will be subject to the Labour and Social Security Laws.

Finally, the Ministry will provide guard services to public schools and set the necessary standards and requirements in this respect.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

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Qatar: Draft Law on Control of Import, Export and Transportation of Rough Diamonds Approved

Qatar: Compulsory Health Insurance Clarification Issued

  • 20/05/202220/05/2022
  • by Benjamin Filaferro

Gulf Times, 19 May 2022: Qatar’s Government Communication Office has issued a compulsory health insurance clarification.

They have said the system covers non-Qatari workers in the public and private sectors.

This includes manual workers, craftsmen, domestic workers and visitors.

They issued the clarification following the approval of a draft Decision by the Cabinet on healthcare services regulation in the country.

The draft includes provisions related to the rights and obligations of healthcare services beneficiaries, insurance company and healthcare service provider obligations and supervision and control of healthcare services.

They added citizens will receive free-of-charge healthcare services at Government health facilities and health insurance will be mandatory to ensure the provision of basic healthcare services to expatriates and visitors.

They went on to say basic healthcare services include preventive, curative and rehabilitative services, as well as other services set out in the Implementing Regulations.

They said employers and recruiters will pay the premium to cover the basic services of their employees or recruits. In addition to basic services, employers and recruiters may also request additional services subject to additional costs.

Basic healthcare services for visitors include emergency and accident treatment services.

Under the regime, they said insurance companies must provide employers or recruiters with health insurance cards or an equivalent as well as offer hospitals and clinics tailored to them.

Former employees have to be removed from the insurance policy and employers and recruiters must follow the relevant procedures to notify the insurance company after the termination of the employment or recruitment contract.

If an employee or recruit fails to transfer their sponsorship under a new employer on the termination of their contract, the insurance coverage may be extended until the policy or the legally permitted period of residence expires, whichever comes first.

The obligations of employers and recruiters towards their employees and recruits begins from the date of their entry into the country or from the date of a worker’s sponsorship transfer under a new employer or recruiter.

These include contracting with one of the registered insurance companies to cover all employees and recruits and annually renewing the contract within the prescribed deadlines.

It also includes providing healthcare services to all workers and recruits during the period before residence is granted or transferred.

In addition, it includes providing the contracted insurance company with all the necessary information to register all beneficiaries. Also reported in Al-Sharq on 18 May 2022. For full story, click here and here.

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Saudi Arabia: Regulatory Status of NEOM Clarified

Saudi Arabia: Two-day Weekend Could be Introduced

  • 20/05/202220/05/2022
  • by Benjamin Filaferro

Saudi Gazette, 16 May 2022: Saudi Arabia’s Human Resources and Social Development Ministry is understood to be considering introducing a two-day weekend for private sector employees.

They are considering amending the Labour Law’s provisions on working hours to allow this.

If approved, a two-day weekend would be introduced.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

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Saudi Arabia: Regulatory Status of NEOM Clarified

Saudi Arabia: Regulatory Status of NEOM Clarified

  • 18/05/202218/05/2022
  • by Benjamin Filaferro

Arab News, 16 May 2022: NEOM’s Chief Investment Officer has clarified the regulatory status of NEOM.

They issued the clarification following comments by NEOM’s Head of Tourism at the Arabian Travel Market.

They suggested residents in NEOM will have a special status.

The Investment Officer clarified the $500-billion future city will have its own regulations based on global best practices which will allow businesses to grow and develop.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

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Bahrain: Penal Code Amendment Approved

Bahrain: Penal Code Amendment Approved

  • 18/05/202218/05/2022
  • by Benjamin Filaferro

Alayam, 15 May 2022: Bahrain’s King has ratified and promulgated Bahrain Law No. 18/2022 amending Article 231 of Bahrain Decree-Law No. 15/1976 (the Penal Code).

Under Article 1, Article 231 will be amended to read:

‘Anyone, while practicing a medical or health profession, examines a dead person or provides first aid to a severely injured person and finds signs indicating that his death or injury is a felony or misdemeanour, or other circumstances exist that call for suspicion of its cause, and he does not inform the public authority of that, will be liable to imprisonment and a fine or to one of these two penalties.’

The Prime Minister and the relevant ministers will be responsible for implementing it. It will be published in the Official Gazette and come into force the day after it is published. For full story, click here.

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UAE: Annual Emiratisation Rate Increased

UAE: Controls for Collecting Personal Information of Customers Clarified

  • 18/05/202218/05/2022
  • by Benjamin Filaferro

Alroeya, 12 May 2022: The UAE’s Central Bank has clarified the controls for collecting personal information by entities which practice marketing, issuing and managing insurance policies.

The Central Bank has issued a Circular to this effect.

They have issued it to all insurance companies, insurance agents and brokers and banks which market insurance policies operating in the country.

It includes guidelines on the personal information which may be collected for insurance policies.

All insurance companies, insurance agents, brokers and banks which market insurance policies must comply with the guidelines when collecting personal information through application forms, service offers, claim forms, or any other type of document. provided by the customer, whether in writing, electronically, or through call centres.

The Bank clarified the instructions apply to collecting information related to all types of insurance and Takaful products, including life insurance, fundraising, health insurance, property and liability insurance and any other type or category of insurance products.

The personal information collected by the parties involved in the marketing, issuing and/or management of insurance policies should be limited to specific, explicit and legitimate purposes.

The aim is to ensure compliance with the regulatory and legal requirements and provide adequate advice to recommend appropriate insurance products when necessary.

For full story, click here.

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Oman: New Banking Consumer Protection Guidelines

Oman: Flexible Working System Clarified

  • 18/05/202218/05/2022
  • by Benjamin Filaferro

Atheer, 12 May 2022: Oman’s Labour Ministry has issued Oman Circular No. 5/2022 regarding the flexible working system in units in the State’s administrative apparatus which apply the Civil Service Law and its Implementing Regulations.

The Circular has been issued to implement the Sultan’s directives to apply the flexible working system in these units.

Employees must work seven consecutive hours a day.

The working hours will be between 7.30am and 4.30pm, provided they are calculated from the time they come to work until they leave.

Units which provide direct services to the public will announce the working hours allocated for providing these services, so the total of those hours will not be less than seven hours a day.

Each unit, together with its employees, manages and organises their daily working hours in a way which does not affect the completion of their work and tasks and the provision of services to the public and beneficiaries, or their connection to the dates of meetings, seminars, workshops or training programmes scheduled for them.

The flexible working system will be implemented from the day after the Circular was issued. For full story, click here.

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UAE: Penalties for Abstaining from Submitting Documents to Judiciary Clarified

UAE: Penalties for Abstaining from Submitting Documents to Judiciary Clarified

  • 13/05/202218/05/2022
  • by Benjamin Filaferro

Al Bayan, 10 May 2022: The UAE’s Public Prosecution has clarified the penalties which will be imposed on those who don’t submit documents to the judiciary.

Under Article 317 of Federal Decree-Law No. 31/2021, anyone who is assigned by law to submit a document or anything else which is useful in proving a fact submitted to the judiciary and don’t do so, will be jailed for up to six months.

Alternatively they may be fined up to 5,000 AED.

For full story, click here.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

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