UAE: New Labour Regulations Approved

Gulf News (United Arab Emirates), 15 November 2021: The UAE’s Human Resources and Emiratisation Ministry has announced it has approved new Labour Regulations.

They will come into force in February next year.

Federal Decree-Law No. 33/2021 contains provisions on different work categories, including flexible work, part-time, freelance and condensed working hours.

The aim is to keep up with market changes and provide more protections to employees against bullying, harassment and unlawful seizures of documents.

It states the unlawful seizure of official documents of employees is banned. The regulations also protect employees from being forced by employers to leave the country at the end of an employment tenure, except as required by law. This allows the worker to move from one business to another.

In addition, it specifies the probation period for an employee must not exceed six months in line with the conditions and procedures as determined by the Implementing Regulations to the Law. Labour cases are exempt from judicial fees at all litigation stages as well.

The rights of both parties to a contract in a balanced way are also guaranteed and parties are provided with protection so as they can access and claim their rights.

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Abu Dhabi: Exemption Period to Pay Health Subscriptions Fines Extended

Alroeya, 10 November 2021: Abu Dhabi’s Health Department has announced the deadline for exemptions from delay fines for health insurance subscribers has been extended.

Subscribers now have until 2 January 2022 to pay the outstanding fines.

The move is part of the Department’s commitment to ensuring the continuity of access for all members of society to healthcare services.

The exemption includes individuals sponsored under an individual sponsorship, like domestic workers, children, parents and individuals who are late in completing or renewing the health insurance subscription.

A fine of 300 AED will be imposed for each month of delay after the deadline in addition to any other fines incurred before this exemption. For full story, click here.

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Abu Dhabi: Personal Status Law for Non-Muslims Issued

The UAE’s President and Abu Dhabi Ruler has issued a Personal Status Law for non-Muslims.

It will regulate personal status matters for non-Muslims in the Emirate.

It aims to provide a flexible and developed judicial mechanism for personal status disputes for non-Muslims.

It is the first law of its kind in the world and has been issued in line with international best practices.

It will guarantee the right of non-Muslims to be subject to an internationally acknowledged law which is familiar to them in terms of culture, customs and language as well.

In addition it will protect the interests of children, particularly where their parents separate.

A specialist court to hear these types of disputes has also been established.

Their procedures will be in Arabic and English. This is aimed at helping foreigners understand judicial procedures and improve judicial transparency.

It covers civil marriages, divorces, joint custody of children and inheritance.

The first chapter of the law regulates the marriage procedures for foreigners before the courts. This is done by introducing the concept of civil marriage based on the will of both husband and wife.

The second chapter defines the divorce procedures for non-Muslims. It also specifies the rights of the spouses after divorce and judicial discretion in assessing the wife’s financial rights in line with several criteria. This includes the number of years they have been married for, the wife’s age and the economic standing of each of the spouses.

The third chapter introduces a new concept in custody of children where the parents divorce. This is the concept of shared or joint custody. This will enable fathers and mothers to share custody equally.

The fourth chapter addresses inheritance issues, the registration of wills for non-Muslims and the right of a foreigner to draw up a will to devolve all of their property to any one they want to.

The fifth chapter of the law regulates proof of paternity for non-Muslim foreigners. The evidence will have to be based on marriage or recognition of paternity. Also reported in Alroeya on 7 November 2021. For full story, click here.

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Abu Dhabi Global Market Proposes Merging Regulatory Committee with Appeals Panel

The Financial Services Regulatory Authority of Abu Dhabi’s Global Market has proposed merging its Regulatory Committee and Appeals Panel. Their consultation on the proposals ends on 5 December 2021.

The aim is to create a more streamlined and efficient process for resolving regulatory disputes.

If approved, the change will be introduced by enacting amendments to the Financial Services and Markets Regulations 2015.

The new body would start operating on 1 January 2022.

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UAE: Issuing Cheques in Bad Faith is Still a Criminal Offence

Al Bayan, 3 November 2021: The President of the Court of Appeal in Dubai has announced issuing bounced cheques is still a criminal offence.

They made the announcement following confirmation about the implementation of amendments to the Commercial Transactions Law and the decriminalisation of cheques without a balance.

These amendments do not cancel the criminalisation of giving a cheque in bad faith.

Articles 401, 402 and 403 of Federal Law No. 3/1987 have been repealed.

Under the amendments, the current criminalisation in the Penal Code related to issuing a cheque without an appropriate balance has been abolished, except for in four instances.

These are cheque fraud, cheque fraud by giving an order to the bank not to cash the cheque without right, withdrawing the entire balance before the date of issuing the cheque, intentionally complicating the drafting of the cheque or deliberately signing it in a way which prevents it being cashed. For full story, click here.

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