Dubai International Financial Centre Launches Consultation on Proposed Amendments to Real Property Law for Consultation

Dubai’s International Financial Centre has launched a consultation on proposed amendments to its Real Property Law (DIFC Law No. 10/2018). It ends on 29 March 2022.

The proposed amendments relate to Part 9 of the Law. They relate to default remedies for mortgagees. The key changes include the removal of the mortgagee’s right of foreclosure in its entirety. They will also clarify the mortgagee’s rights and obligations in terms of the exercise of their statutory power of sale in the event of a default by a mortgagor and remove the reference to ‘under the principles of English common law and equity’ in Article 29(b) of DIFC Law No. 10/2018.

The amendments are aimed at facilitating the administration and enforcement of the Law and improving the regulatory framework within the DIFC, in line with current common law practice.

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Abu Dhabi: Self-employed Citizens Can Register in Pension System

Al Bayan, 28 February 2022: The Abu Dhabi Pension Fund has issued a Decision to include self-employed citizens in the Emirate’s Retirement Law.

They will be allowed to be registered as insured with the Fund voluntarily and treated as insured in the private sector.

Citizens covered by this decision can submit registration applications from 1 March 2022.

Self-employed workers must be citizens of the State and have their own project. This can be  a commercial, industrial or agricultural activity or they can own a commercial register or any official register in the Emirate.

Applicants must be over 18, medically fit and not be insured already or retired. For full story, click here.

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UAE: Employment Agencies Regulation Issued

The UAE’s Human Resources and Emiratisation Ministry has issued a Ministerial Decision on the regulation of employment agencies.

Ministerial Decision No. 51/2022 has been issued as part of the implementation of Federal Decree-Law No. 33/2021.

It covers the activities of employment agencies, mediation between parties in terms of labour relations, and contract condition negotiations when establishing an employment relationship.

It also establishes several procedures covering agency licences and allows branches to be opened in the licencing Emirate or any other emirate, in line with the requirements of local regulatory authorities.

Under the Law, the Decision specifies various obligations for agencies. These cover mediation, temporary employment and outsourcing as well as the obligations of beneficiaries.

The obligations of agencies, in terms of mediation, temporary employment or outsourcing, include drafting accurate contracts consistent with the law and keeping workers’ records for at least two years. These must contain the details of workers, employers and beneficiaries.

The responsibilities of mediation agencies include returning workers to the country from which they were recruited and covering the costs. They are also responsible for damage caused to others because of their activities if it is proven the agency has not complied with the terms of an agreement with an employer or beneficiary and the worker’s failure to pass a required medical examination.

The obligations of a temporary employment agency and outsourcing also include implementing the legally established requirements of any employer towards a worker. In addition, the agency may not, under any circumstance, fail to implement these obligations because of a beneficiary’s failure to fulfil their agreement.

The agency must also not employ children who are not eligible to work under applicable laws in the country or receive any cash or commission. The Ministry will oblige the agency to provide a relevant acknowledgement.

In terms of the obligations of beneficiaries towards workers, the Decision specifies various obligations, including meeting all occupational health and safety requirements for workers proportional to the nature of their work and the risks of their professions, under the relevant legislation as well as not assigning a worker to any job or service outside the general framework of their agreed duties. It also prohibits workers from working for more hours than the total agreed with the agency, except under overtime provisions and controls under the Decree Law, relevant Implementing Regulations and Decisions and with the agency’s approval.

The obligations also includ providing workers with instructions on their required duties in writing, under the general framework agreed with the agency, providing an attendance sheet before sending workers to their agencies, recording, in writing, any reservations made by workers about the content of the sheet, and not employing workers for other parties. Also reported in Alroeya on 24 February 2022. For full story, click here.

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UAE: Guidelines on Introducing Employee’s Rights and Legal Duties Issued

Alroeya, 22 February 2022: The UAE’s Human Resources and Emiratisation Ministry has launched a guide aimed at informing workers in the private sector about their rights and duties under Federal Decree-Law No. 33/2021 on the regulation of labour relations and the Implementing Regulations.

The guide includes a set of instructions which will increase the worker’s awareness of their rights and duties during the period before their arrival in the UAE as well as after their arrival in the country and practicing their work.

It also contains instructions on what to do when the employment relationship ends.

Before the worker comes to the country, the guide provides a package of instructions for workers. This includes fully reviewing the job offer, especially in terms of the job title, responsibilities, privileges and the value of the wage. It also includes reviewing the detailed annex attached to the job offer, which states their rights and duties under the Law.

It will be published in seven languages, including Arabic, English, Urdu, Bengali and Chinese Hindi and Malayalam. For full story, click here.

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UAE: Income Tax is Not Going to be Introduced

Arabian Business, 21 February 2022: The UAE’s Minister of State for Foreign Trade and Minister in charge of Talent Attraction and Retention has announced an income tax is not going to be introduced.

They said the idea is not being discussed at all.

They made the announcement just weeks after the authorities announced a general corporation tax was going to be introduced.

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