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Weekly Spotlight: Foreign Workers in Qatar will No Longer Require an Exit Permit to Leave the Country

  • 09/09/201811/12/2019
  • by Benjamin Filaferro

This week the spotlight is on legal developments in Qatar, where the country has announced they will no longer require exit permits for expatriates following an amendment to Article 7 of Qatar Law No 21/2015 by Qatar Law No. 13/2018.

Expatriates who are working in the country under the Labour Law will have the right to temporary or final exit from the country during the validity of their employment contract. Employers may submit a request to the Administrative Development, Labour and Social Affairs Ministry with the names of employees who would need a no objection certificate before leaving, with a justification based on the nature of their work. The number of workers under these restrictions will not exceed 5% of the company’s workforce.

In cases of expatriates being prevented from leaving the country for any reason, the expatriate will have the right to resort to the expatriate exit complaints committee. Its terms of reference and working procedures are also set out. The committee will decide on the grievance within three working days. For expatriates not subject to the Labour Law, the regulations and procedures for their departure from the country will be determined by the relevant Ministerial Decision.

Bahrain: Some Foreign Branches Allowed to Open Without Local Partner

  • 08/09/201811/12/2019
  • by Benjamin Filaferro

Bahrain’s Cabinet has approved amendments to allow some foreign companies to open branches without needing a Bahraini partner. The moves would be based on Article 345 of Bahrain Decree-Law No. 28/2015 which amended some of the provisions of the Commercial Companies Law promulgated by Bahrain Decree-Law No. 21/2001. The Industry, Trade and Tourism Ministry has submitted a memorandum to facilitate this. The exemptions would apply to industries with strategic economic importance to the Kingdom.

Kuwait: Age Limit for Recruiting Foreigners will be Reduced to 60

  • 02/09/201811/12/2019
  • by Benjamin Filaferro

Kuwait is looking to impose a new cap on hiring foreigners based on their age, as part of a an official drive to address the demographic imbalance in the country as Kuwaiti nationals represent only 30 per cent of the total population. Under the proposal, the age limit for recruiting foreigners will be reduced from 65 to 60 and no contract for any expatriate who turns 60 will be renewed. A limited number of positions that require particularly high skills would be exempted from the new rules. Other measures being considered by the Interior, Social affairs, Labour and Trade Ministries include confining family visit visas to spouses and children and limiting them to one month without the possibility of renewal. Currently, family visit visas cover expatriates’ relatives, including their parents, and can be extended. The Ministry of Interior is also considering reducing the number of work permits to members of some large communities, and limiting them to government contracts and technical specialities. Increasing recruitment fees and health insurance and requiring expatriates to undergo medical check-ups before entering Kuwait are other options being considered.

Saudi Arabia: Plan to Replace Expatriates with Saudi Nationals in 12 Occupations within the Next 5 Months

  • 02/09/201811/12/2019
  • by Benjamin Filaferro

Saudi Arabia is planning to replace expatriates with Saudi nationals in 12 occupations within the next five months. The first phase of the latest Saudisation drive will cover salespersons in car and motorcycle shops, clothing stores, children’s clothing, men’s accessories, home and office furniture stores, and sales of household utensils. Implementation will begin on 11 September 2018. A second phase, two months later, will include watch shops, optician shops, electrical appliances and electronic shops, and the third phase, which will start in mid-January 2019, will target salespeople in medical equipment stores, construction materials shops, auto spare parts shops, carpet shops and confectionery stores. The Saudisation of these 12 professions was announced in January when Minister of Labour and Social Development Ali Al Ghafees issued a decree to limit work in them to Saudi men and women from the start of the New Hijri Year. A committee was formed to develop a programme for nationalising the 12 occupations and to coordinate with relevant authorities. Committee members have been drawn from the Ministry of Labour and Social Development, the Human Resources Development Fund (HADAF), and the Social Development Bank.

Weekly Spotlight: New Egyptian Law to Tighten Penalties for Parental Neglect

  • 02/09/201811/12/2019
  • by Benjamin Filaferro

This week the spotlight is on legal developments in Egypt, where Egyptian parliamentary health committee member Inas Abdel Halim MP has said that she will submit a bill at the start of the next parliamentary session in October amending the Child Law, Egypt No. 12/1996 in order to criminalize and tighten penalties for parental negligent. The basis of the proposed change is to amend Article 8 of Egypt Law No. 12/1996, which allows the punishment of a father or mother in such cases with six months imprisonment and a fine of 500 Egyptian Pounds. The proposed changes would increase the punishment of parents to imprisonment of at least 10 years if the negligence led to the death of the child. A parent found to have killed their child would face life imprisonment. The committee will invite comments from civil society organisations who work in this area.

Jordan’s Cabinet has Approved a Code of Conduct on Disclosing Conflicts of Interest

  • 12/08/201811/12/2019
  • by Benjamin Filaferro

Jordan’s Cabinet has approved a code of conduct on disclosing conflicts of interest. The code sets out the duties and responsibilities of Ministers. It also defines principles obliging the president and members of the Cabinet to abide by the rule of law, transparency, disclosure of conflicts of interest, previous professional and trade relations, accountability, integrity, efficiency, effectiveness, justice and equal opportunities.

Ministers may accept ordinary official or honorary gifts and other forms of appreciation, but must not accept or seek any kind of gift, benefit or other allowance. Gifts to Ministers exceeding 50 Dinars will have to be disclosed. Any gifts exceeding 50 Dinars will be considered public funds and property to be transferred to the Department of General Supplies. Ministers will have to disclose to the PM any conflict of personal and professional interests. Ministers will not be able to use their influence to benefit themselves, family members, or other related bodies. In addition, Ministers may not use information gained while in office to benefit themselves after they have left. They must also wait one year after leaving office to contract with the Ministry they ran. Finally, Ministers and their relatives must not trade in shares of companies they are responsible for, or benefit from material and non-public information.

Bahrain: Tougher Utility Penalties Announced

  • 12/08/201811/12/2019
  • by Benjamin Filaferro

Bahrain’s King has issued a Law adding a new Article 6 Bis to Bahrain Decree-Law No 1/1996 regarding electricity and water. The new article imposes fines up to 1,000 Dinars on those who erect electrical wiring extensions without the appropriate licenses or who don’t comply with the relevant safety requirements. Repeat violators will be jailed for up to three months and/or fined up to 2,000 Dinars. The Prime Minister and other Ministers will implement the Law and it will come into force on the day following its published date in the Official Gazette.

Weekly Spotlight: Egyptian Draft Data Protection Law Approved

  • 12/08/201811/12/2019
  • by Benjamin Filaferro

This week the spotlight is on legal and regulatory developments in Egypt, where the Cabinet has approved a draft law to protect personal data, electronically processed in whole or in part by any holder, controller or processor. The law applies to Egyptians inside or outside the country, non-Egyptians living in Egypt and non-Egyptians outside of Egypt who carry out an act punishable in the State where it was signed. The law will impose obligations on controllers and processors with regards to the electronic processing of personal data, to ensure the rights of citizens and compliance with international legislation in this area.

Under the proposed law, personal data may not be collected, processed or disclosed by any means except with the consent of the relevant person or in cases authorised by law. The relevant person will have the right to access and obtain their own personal data. Penalties include jail terms of at least one year and/or a fine of up to 100,000 to 1,000,000 Egyptian Pounds. Those disclosing or making personal data available by any means other than those authorised by law or without the consent of the relevant person will face the same penalties. A Centre for Personal Data Protection in the Information Technology Industry Development Agency will be established and the employees will be appointed by a Ministerial Decision following a proposal from the competent minister. The Centre will formulate and develop policies, strategic plans and programmes to protect data and implement the relevant decisions, controls, measures, procedures and standards for data protection.

Saudi Arabia: Draft Pharmacies Law Under Consideration

  • 05/08/201811/12/2019
  • by Benjamin Filaferro

A draft pharmacies law is under consideration according to the Director for Legal Affairs at the Saudi Food and Drug Authority. Under the proposed law, there will need to be at least 1000 metres distance in each direction between two pharmacies. Each company will only be allowed to own 30 pharmacies and individual pharmacists will be able to own up to five pharmacies. The online sale of medicines and unauthorised selling of medical and herbal products will also be banned. Licenses issued for medical or herbal products will be valid for five years but will be renewable. There are also provisions on pharmaceutical factories. The technical director of a factory will have to be a full time Saudi pharmacist and have the appropriate qualifications. The Authority will conduct regular inspections and will also review medicine prices every five years. They will destroy any illegal products and issue appropriate penalties. This includes jailing violators for up to 10 years, fining them up to 10 million Riyals and if the person is a non-Saudi, deporting them. The Authority will also be able to revoke licenses and prevent individuals from working in the pharmaceutical industry.

New Decree Amending Bahrain Law No 21/1989 – on Associations, Social and Cultural Clubs, Special Committees Working in the Field of Youth and Sports and Private Institutions

  • 05/08/201811/12/2019
  • by Benjamin Filaferro

Bahrain’s King has issued a Decree amending Article 43 of the Law of Associations, Social and Cultural Clubs, Special Committees Working in the Field of Youth and Sports and Private Institutions (Bahrain Law No. 21/1989). The amendment reverses a previous amendment to the Law by allowing a member of the board of directors to enjoy all civil and political rights. The Decree amends the law to state no candidate for the Board of Directors of these organisations may belong to any political association. It also prohibits membership of more than one club or sports association. The changes will come into effect from the date of publication in the Official Gazette.

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