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Bahrain: Legal Consultancy Offices Accredited

Bahrain: Parliament Calls for Regulation of Private Hospitals

  • 22/11/202422/11/2024
  • by Hannah Gutang

The Daily Tribune, 13 November 2024: The Parliament has called on Bahrain’s health regulator to address high fees at private hospitals accusing some of creating a “false image” of quality by inflating costs – a step towards fairer healthcare for all.

The proposal has urged the National Health Regulatory Authority (NHRA) to step in and monitor private healthcare fees.

Parliamentarians have pointed out that many citizens turn to private care due to long waits at public hospitals, only to face the added strain of high costs.

The CEO of Taj Medical Group has added perspective from the private sector, noting that recent regulatory price cuts have intensified competition but could also impact standards of care.

Certain hospitals have slashed fees to unsustainable levels in an effort to dominate the market, which can compromise quality.

There is no oversight on what private hospitals charge, inflated fees risk turning fair healthcare into a luxury rather than a basic right.

He has also emphasised that any monitoring should be grounded in carefully reviewed standards to ensure effective oversight, adding that robust criteria would be essential to maintain service quality without stifling the sector.

The proposal, now approved, calls on NHRA to make certain that healthcare remains fair and accessible to all, without placing undue financial burdens on citizens.

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Bahrain: Legal Consultancy Offices Accredited

Bahrain: 20% Bahrainisation Rule For Tenders Approved

  • 22/11/202422/11/2024
  • by Hannah Gutang

The Daily Tribune, 20 November 2024: The Parliament has approved a proposal requiring companies bidding for government tenders to ensure at least 20% of their workforce is Bahraini.
The measure, designed to tackle unemployment and prevent misuse of Bahrainisation certificates, passed by majority vote, though some called for a more ambitious target.
The move seeks to give more jobs to Bahrainis in service contracts, with compliance overseen by the Labour Ministry or other relevant bodies.
Backers said it is a step towards reducing reliance on foreign workers in common roles such as consultancy and accounting.
Concerns were raised about companies potentially abusing the system to appear compliant.
Investigations showed firms gaining Bahrainisation certificates just to win tenders, undermining the purpose of the rule.
The Labour Ministry must ensure proper enforcement.
One of the proposal’s backers pointed to a growing trend of contracts going to foreign firms, stating that many of these deals involve general services that Bahrainis could easily handle.
By setting a minimum 20% Bahrainisation rate, more opportunities can be created for the local workforce.
While acknowledging the challenges faced by sectors like construction, there were calls for higher rates in less labour-heavy fields.
The 20% figure was described as a starting point, with suggestions for steady increases over time.
However, some dismissed the threshold as too low, advocating for a 50% minimum to better reflect the worth and skills of the local workforce.

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UAE: Issues Federal Decree Establishing UAE Aid Agency

UAE: Issues Federal Decree Establishing UAE Aid Agency

  • 14/11/202414/11/2024
  • by Hannah Gutang

The UAE has issued a Federal Decree No. 27/2024 to establish the UAE Aid Agency, affiliated with the International Humanitarian and Philanthropic Council.

The agency will implement foreign aid programs, focusing on disaster relief, early recovery, post-conflict stabilisation, development, and capacity-building initiatives.

It aims to enhance the impact of the UAE’s global priority foreign aid and maximise positive outcomes in executing humanitarian relief programs and developmental projects worldwide.

The UAE’s leadership has emphasised the country’s commitment to addressing global humanitarian challenges, fostering sustainable development, and collaborating with international partners to create a lasting positive impact, especially in crisis-affected regions.

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Saudi Arabia: Royal Commission Lifts Restrictions on Land Transactions

Saudi Arabia: Royal Commission Lifts Restrictions on Land Transactions

  • 14/11/202414/11/2024
  • by Hannah Gutang

The Royal Commission for Riyadh City has lifted restrictions on the sale, purchase, subdivision, and fragmentation of large tracts of land in the northern part of Riyadh, specifically around the New Murabba Project.

The commission has said the area where the restrictions have been lifted is bordered by King Fahd Road to the west, Prince Faisal bin Bandar Road to the east, the Special Security Forces Road to the south and the pipeline protection area to the north, encompassing approximately 46 million square metres.

The commission stated that it will begin issuing building permits and approving new plans for these plots according to a new urban code that will be announced within three months of this decision.

In a related development, it was announced that 4.71 million square metres of land located within the New Murabba Project development area have had their restrictions lifted.

The National Programme for Community Development in Regions recently urged property owners to provide necessary documentation to establish land ownership, allowing for the initiation of expropriation procedures for properties within the New Murabba Project’s boundaries.

Additionally, the New Murabba Company will prepare design guidelines for the urban code in these areas, which will be disclosed later through the commission’s official channels upon approval.

The commission has emphasised that these steps, including the lifting of restrictions on several parcels of land, are part of a series of forthcoming initiatives aimed at creating a distinguished urban model in Riyadh.

This model will contribute to shaping the city’s future and restructuring its landscape in alignment with the demands of each developmental phase.

The previous restrictions were imposed to assess optimal development methods and ensure the sustainability of these locations and residential communities, facilitating accessibility and service delivery.

Moreover, the commission has noted that the future vision for Riyadh will be shaped by a range of factors, with high-quality projects being the cornerstone of its developmental plans.

These projects will ensure a strategic advancement, positioning Riyadh as a leader on the global stage.

Additionally, the commission has established a centralised contact centre to address public inquiries regarding the mentioned lands.

The centre can be reached at 8001240800 and operates from Sunday to Thursday, between 8 a.m. and 8 p.m.

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Oman

Oman: Labour Ministry Launches Initiative To Support Displaced Workers

  • 14/11/202414/11/2024
  • by Hannah Gutang

The Arabian Stories, 10 November 2024: The Labour Ministry, in collaboration with the Oman Energy Association (OPAL), has announced a new initiative to support individuals who have recently lost their jobs.

The initiative is designed to provide training and employment opportunities for individuals who are no longer employed, by offering them the chance to work as tractor-trailer drivers in various private sector companies.

This initiative comes as part of ongoing efforts to support the workforce and enhance employment opportunities in Oman.

Private sector establishments interested in benefiting from the initiative are required to complete a registration form, which can be accessed through the link: https://t.co/sC3hh1pWKl.

For further details, establishments can contact the OPAL at 23605700 or email their completed forms to training@opaloman.org.

The Ministry is encouraging all private sector companies looking to take advantage of this opportunity to fill out the necessary forms promptly.

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Kuwait: Biometrics Deadline

Kuwait: Biometrics Deadline

  • 14/11/202414/11/2024
  • by Hannah Gutang

Arab Times, 10 November 2024: As the 31 December 2024, deadline for biometric submissions approaches, expats are urged to ensure their biometric data is completed to maintain access to essential governmental and banking services.

The requirement for biometric verification is part of a wider effort to enhance security and streamline identity verification processes in various sectors.

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Bahrain: Legal Consultancy Offices Accredited

Bahrain: Government Employee Guide

  • 14/11/202414/11/2024
  • by Hannah Gutang

Al Watan News, 6 November 2024: The Civil Service Bureau has issued a guide for government employees, serving as a reference for civil servants to determine work mechanisms, incentives, and allowances, while specifying a probationary period for employees not exceeding six months.

The guide emphasises the necessity for government employees to demonstrate loyalty and dedication to the Kingdom of Bahrain and its leadership, respect the constitution and the law, comply to official working hours, avoid conflicts of interest, prohibit accepting gifts, and maintain confidentiality and refrain from disclosing data when dealing with media, publishing, press, and social media.

Additionally, government employees are obligated to maintain a proper appearance and conduct, report violations, provide testimony when required, preserve public and private property, and exhibit respect and courtesy in work relationships with superiors, colleagues, clients, and other entities.

According to the guide, newly appointed permanent civil service employees, excluding those in senior positions and their equivalents, are subject to a six-month probationary period for evaluation, starting from the date of commencing work.

For educational positions subject to school vacations, the probationary period is set as a full academic year.

If an employee fails to demonstrate competence during the probationary period, the government entity may terminate their services.

The probationary period is included in the employee’s service duration if they are confirmed after the probationary period.

The employee’s competence is assessed through monthly evaluations conducted by their direct supervisor during the probationary period, which are then submitted to the department manager and the human resources division.

The employee’s service may be terminated during the probationary period by a reasoned decision from the competent authority if they fail to fulfill their job duties.

If the probationary period ends without the employee receiving a decision from the competent authority, they are considered confirmed.

Employees have the right to appeal the decision to terminate their service during the probationary period to the Grievance Committee of the government entity they worked for.

Employees may also resign during the probationary period, provided they notify their direct supervisor in writing within five working days.

Temporary employees are subject to a probationary period if their contract exceeds six months.

If they are permanently appointed to the position they held, their temporary service duration is included in their actual service, provided it is not less than six months, and they cannot be subjected to another probationary period.

The guide allows for the transfer of employees from one position to another within the same government entity or to another government entity.

It also permits the secondment of employees between government institutions not subject to the Civil Service Law or any other institution affiliated with countries or companies in which the government holds at least a 50% stake, or to Arab, regional, foreign, and international governments and bodies.

Regarding vacancies, there is an electronic service that allows government entities to internally advertise civil service vacancies through the ‘Vacancies’ system.

Incentive bonuses may be granted to employees who provide services and research that contribute to improving work methods, enhancing performance efficiency, or reducing costs, as a form of appreciation and to improve the quality of services provided to citizens.

Performance-related bonuses include the Professional Excellence and Exceptional Achievements Bonus, the Ideal Employee Bonus, the Suggestions Bonus, and the Letter of Appreciation or Commendation.

An employee cannot receive more than two performance-related bonuses or one performance-related bonus and an incentive allowance within a single year.

An employee cannot be considered for an incentive bonus if they have previously been disciplined until the penalty is expunged.

Bonus payments are suspended for employees under investigation until the accountability procedures are completed, and if they are disciplined, they are deprived of the bonuses.

The guide also emphasises that an allowance is a monetary amount granted to an employee on a continuous basis and is not deducted during paid leave.

Allowances include periodic, social, cost-of-living, incentive, housing, special, car, transfer, clothing, and communication allowances.

A compensation, on the other hand, is a monetary amount that is not paid during paid leave and is used to meet specific requirements, such as shift, nature of work, sea travel or diving, working in the Hawar Islands, dedication, guarding, nursing, driving, and others.

For the full story, click here.

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Abu Dhabi: Sets 15% Limit For Exceptional School Fee Hike

Abu Dhabi: Sets 15% Limit For Exceptional School Fee Hike

  • 14/11/202414/11/2024
  • by Hannah Gutang

Gulf Insider, 11 November 2024: Private schools in Abu Dhabi are not permitted to raise tuition fees by more than 15% even in exceptional circumstances, and they must meet specific conditions before seeking approval for such an extraordinary increase.

These rules are part of the new education policy recently issued by the Department of Education and Knowledge – Abu Dhabi (ADEK).

ADEK has set the cap for exceptional tuition fee increases based on Abu Dhabi’s Education Cost Index.

To qualify for an exceptional fee increase, schools must demonstrate financial losses over the past two years and provide audited financial statements for this period.

Additionally, they must have been in operation for at least three years, hold a valid licence, and maintain an occupancy rate of at least 80%.

If approved, schools are limited to one exceptional fee increase per academic year.

The Department has emphasised its right to reject any request for fee increases, underscoring that tuition fees should be collected in at least three instalments, going up to ten instalments throughout the academic year.

According to the new policy, schools may collect the first instalment a month before the start of the academic year.

They are also authorised to charge a registration fee of up to 5% of the approved tuition fee, which can be collected from enrolled students up to four months before the academic year begins, and must be deducted from the student’s final tuition fees.

Schools are prohibited from requesting or accepting any financial guarantees from parents as a substitute for tuition payments, and they cannot request a pre-deposit, initial application, or first-time registration fee from parents before the student is enrolled.

The new policy requires schools to itemise tuition fees into six components: tuition fees, educational resource fees, uniform fees, transportation fees, extra-curricular activity fees, and other fees.

These components must be disclosed to parents during registration.

Schools are also allowed to charge administrative fees for board exams, provided they are clearly justified and disclosed on the school’s website.

Embassy-affiliated private schools can apply for an exceptional fee increase, subject to requirements such as justifying the increase, obtaining approval from the school’s Board of Trustees, and providing consent from the relevant embassy or consulate, if applicable. Schools must post detailed tuition payment schedules on their websites and may enter agreements with parents regarding compliance to these schedules.

Under normal circumstances, schools are only allowed to increase fees according to their rating in school inspections, called Irtiqaa, in conjunction with the Education Cost Index (ECI).

The maximum fee increase allowed varies based on the school’s rating, with ‘outstanding’ schools having the highest cap of 3.94% and ‘very weak’ schools limited to a maximum of 2.25%.

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Lexis Middle East Law Alert: Special Supplement

Lexis Middle East Law Alert: Special Supplement

  • 11/11/202411/11/2024
  • by Hannah Gutang

Welcome to the Lexis Middle East Law Alert: Special Digital Economy Supplement. This edition offers a preview of the key topics and discussions that will be explored at Ooredoo’s Digital Ecosystem conference, with insightful articles from moderators and panellists leading these sessions. Look forward to the analysis of digital innovation and the policy frameworks shaping transformation across the MENA region.

This supplement features a variety of articles, including:

Feature: The Future of Telecoms

Dr. Bharat Vagadia from Ooredoo Group examines the future of the telecom sector in the MENA region, discussing both technical advancements and regulatory perspectives.


Feature: Consumers: The Right Approach

Ken Wong and Ben Gibson from CMS explore consumer protection approaches within the telecom sector in Saudi Arabia and the UAE.


Feature: Artificial Intelligence

Umar Azmeh, Registrar at the Qatar International Court and Dispute Resolution Centre (QICDRC), analyses how AI is enhancing the GCC’s legal sector, along with its risks and future potential.


Feature: Cloud Computing: Supporting Development

Shahin Yasin from Muayad & Associates provides insights into Iraq’s rising interest in cloud computing across public and private sectors and the legal frameworks needed to facilitate growth.


Feature: Cybersecurity: The Need to Know

Steve Jump from Custodiet explains why understanding a business’ specific cybersecurity needs is essential.


News Round-up: Regional Legal and Regulatory Updates

Stay informed on the latest legal and regulatory changes across the region, including new AI guidelines introduced by the Qatar Central Bank.


Business News Round-up: Battling to Keep Communication Lines Open

Dr. Samer Fares, CEO of Ooredoo Palestine, shares efforts to maintain life-saving communication lines in conflict-affected Gaza.

Lexis Middle East Law Alert – Ooredoo Digital Economy Supplement

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_August-September 2024

Interview: Ahmad Mohamed Al-Kuwari > QNBN

Engineer Ahmad Mohamed Al-Kuwari, CEO of Qatar National Broadband Network (QNBN), discusses the critical role QNBN has played in building Qatar’s digital infrastructure and offers insights into the future direction of the Qatari telecommunications sector.


Any Questions? Can Personal Data Leave Saudi Arabia?

Ken Wong from CMS discusses the regulations on transferring personal data outside of Saudi Arabia.

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UAE: Tax Loss Utilisation Rules for Companies

UAE: Tax Loss Utilisation Rules for Companies

  • 08/11/202408/11/2024
  • by Hannah Gutang

Khaleej Times, 4 November 2024: UAE companies must meet certain conditions to claim tax losses.

Tax losses can be carried forward without limitation provided the same person or persons continue to own at least 50% of the entity with the losses.

If there is a greater than 50% change in ownership, tax losses may still be carried forward provided there is no major change in the nature or conduct of the entity’s business.

Tax losses from one UAE group company may be used to offset the taxable income of another UAE group company where there is 75% or more common ownership and certain other conditions are met.

These conditions include both companies being UAE resident juridical persons, neither being an exempt person or a qualifying free zone business, and their financial statements being prepared using the same accounting standards and financial year.

Tax losses can, subject to certain conditions, be offset against the taxable income of future periods, up to a maximum of 75% of the taxable income in each of those future periods.

Any excess (unused) tax losses can be carried forward and used against taxable income of future tax periods indefinitely.

Example: A taxpayer has a taxable income of Dh360,000 and carried forward losses of Dh300,000.

It can offset (75% x Dh360,000) = Dh270,000 of its losses carried forward in the relevant tax period, reducing its taxable income to Dh90,000.

The amount of tax losses available for carry forward to subsequent tax periods would reduce to Dh30,000 (Dh300,000-Dh270,000).

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