Newsletter Archives - Page 50 of 242 - LexisNexis Middle East

UAE: Strengthens Labour Law Penalties to Protect Workers’ Rights

29/08/202429/08/2024
by Hannah Gutang

The UAE has announced stricter penalties for companies violating labour laws, highlighting its commitment to safeguarding workers’ rights and combating illegal employment practices.

The recent amendments to the ‘Regulation of the Employment Relationship’, commonly known as the UAE Labour Law, introduce increased monetary fines ranging from AED 100,000 to AED 1,000,000 for labour law violations, a significant increase from the previous AED 50,000 to AED 200,000 range.

Specific offences targeted by the new penalties include employing individuals without proper work permits, neglecting to provide legitimate job opportunities, abusing work authorisation rules, and disseminating false recruitment or Emiratisation data.

In cases where companies fabricate employment or Emiratisation statistics, the fines will be multiplied by the number of employees involved in the fictitious employment.

Moreover, companies found guilty of severe violations may face criminal penalties in addition to the substantial financial fines, depending on the severity and impact of the infringements.

The amendments also establish a new process allowing labour dispute cases to be brought before the Court of First Instance if dissatisfied with decisions made by the Human Resources Ministry and Emiratisation.

The UAE government’s move aims to deter employers from engaging in illegal hiring practices and ensure fair treatment of both UAE nationals and expatriate workers.

Companies found in violation risk substantial financial penalties and potential legal consequences, which could impact their ability to hire foreign talent in the future.

The amendments reinforce the UAE’s commitment to improving the regulatory framework and holding employers accountable for upholding labour rights and ethical employment practices.

Businesses operating in the UAE are advised to review their recruitment and employment processes to ensure full compliance with the updated regulations.

Professional advisory services are available to guide companies through the changes and mitigate risks associated with non-compliance.

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Saudi Arabia: Issues Rules For Appointing Personal Data Protection Officers

29/08/202429/08/2024
by Hannah Gutang

The Saudi Data & AI Authority (SDAIA) has issued new rules for appointing Personal Data Protection Officers (DPOs).

These rules are in line with Saudi Arabia Royal Decree No. M19/1443 On the Approval of the Personal Data Protection Law and amended pursuant to Saudi Arabia Cabinet Decision No. 604/1444, and Saudi Arabia Administrative Decision No. 1516/1445 on Implementing Regulation of the Personal Data Protection Law.

The rules aim to set minimum requirements for DPO appointments, clarify cases where a DPO must be appointed, and outline the roles and responsibilities of DPOs.

Controllers must appoint a DPO if they are a public entity processing personal data on a large scale, if their core activities involve regular and systematic monitoring of data subjects, or if their core activities involve processing sensitive personal data, as per Article 5 of the rules.

The rules provide criteria for determining what constitutes large-scale processing and regular and systematic monitoring.

The DPO must have appropriate academic qualifications, experience in data protection, knowledge of risk management practices, and regulatory requirements, as stated in Article 4 of the rules.

They can be an employee of the controller or an external contractor.

The appointment must be documented, and the DPO’s contact details must be provided to SDAIA and made accessible to data subjects, as per Articles 6 and 7 of the rules.

The rules outline the DPO’s roles and tasks, including advising on data protection policies, contributing to data breach response plans, preparing reports on the controller’s data processing activities, and following up on regulatory updates from SDAIA, as stated in Article 8 of the rules.

Controllers must enable and support the DPO in performing their duties, provide necessary resources, and ensure the DPO’s independence, as per Article 9 of the rules.

The rules also encourage training and professional development for DPOs.

The new rules aim to enhance personal data protection in Saudi Arabia by ensuring that organisations handling personal data have dedicated personnel responsible for monitoring compliance with Saudi Arabia Royal Decree No. M19/1443 and Saudi Arabia Administrative Decision No. 1516/1445.

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Qatar: Generative AI Chatbots to Enhance Digital Consumer Experience

29/08/202429/08/2024
by Hannah Gutang

Qatar Tribune, 26 August 2024: Qatar Research, Development, and Innovation (QRDI) Council, in collaboration with the Communications Regulatory Authority (CRA), has launched an exciting new initiative to address unmet challenges in Digital Multi-Channels through Generative AI Chatbots.

Startups, small and medium-sized enterprises (SMEs), and corporations are invited to submit their innovative proposals for solutions that can deliver a seamless consumer experience across multiple digital platforms.

The submission deadline is 10 September 1, 2024.

The QRDI Council has expressed enthusiasm for the initiative, stating that it is thrilled to launch the innovation project that harnesses the power of Generative AI to enhance consumer interactions, making them more efficient, intuitive, and satisfying.

The Council mentioned that the initiative contributes to building a dynamic innovation ecosystem, creates new opportunities in the tech sector, connects innovators with opportunity owners, and fosters a culture of innovation.

The collaboration with CRA is a strategic move to integrate cutting-edge solutions into Qatar’s digital infrastructure, ultimately enhancing the overall customer experience.

The director of the Consumer Affairs Department at CRA has emphasised the authority’s commitment to leveraging Generative AI to significantly improve consumers’ experiences.

This aligns with Qatar National Vision 2030 and the Third National Development Strategy 2024-2030, which prioritise improving residents’ quality of life and delivering services that meet global standards.

The director has added that the initiative aims to provide seamless, real-time interactions and personalised services to consumers, fostering a digitally advanced society, ensuring efficient and effective communication, and maintaining Qatar’s leadership in the global digital landscape.

CRA has successfully transformed its consumer protection processes into a comprehensive digital system, integrating all stakeholders and public channels through a central CRM system.

Through this opportunity, CRA seeks innovative Generative AI chatbots that are both informative and transactional.

The proposed chatbots should intuitively detect consumer complaints and inquiries, providing high accuracy in handling and analysing information in real-time.

Solutions are required to authenticate users through the National Authentication Services (NAS) before releasing updates or processing transactions, in addition to aligning with CRA’s Applicable Regulatory Frameworks.

The Qatar Open Innovation programme is the primary platform that facilitates collaboration between startups, innovators, and potential government and corporate buyers.

It enables co-creation of cutting-edge technological solutions to address the nation’s most pressing challenges across five key priority areas: energy, health, resource sustainability, society, and digital technology.

As outlined in the QRDI Strategy 2030, the programme identifies opportunities and challenges where research and innovation can make impactful contributions to developing innovative solutions.

With more than 50 Open Innovation Calls has launched in partnership with over 20 local partners across key sectors, the QOI programme has garnered interest and participation from innovators from Qatar and around the world.

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Oman: SPF Launches E-Portal for Employers to Verify Expat Worker Data and Update Wages

29/08/202429/08/2024
by Hannah Gutang

Times Of Oman, 27 August 2024: The Social Protection Fund (SPF) in the Sultanate of Oman has launched an electronic portal, www.spf.gov.om, to facilitate the provision of services to employers.

Starting from August 26, employers can verify the data of their expatriate workers and update their wages through this e-portal.

This move aligns with the government’s policies to transition to electronic governance and the SPF’s vision to provide transparent and distinguished services.

The SPF will issue monthly contribution invoices based on worker data and wages available on the portal.

The next invoice will be issued on 31 August 2024, with a payment deadline of 15 September 2024.

Employers are advised to familiarise themselves with the SPF e-portal and its functionalities, verify their workers’ data (both Omani and expatriate), update worker wages (if applicable) through the portal or relevant systems for government units, and regularly check the portal for any updates or notifications.

The registration and termination of employment contracts for Omani and expatriate insured persons at the SPF are automatically handled through bilateral linking of various systems.

For workers in government units operating the Mawred/Rio systems or those with a direct connection to the SPF, the process is seamless.

However, for workers in non-governmental sectors, including the private sector, the employer must ensure that the contracts are registered through the Ministry of Labour system.

Employers in non-governmental sectors and government units with a direct connection to the SPF must update the wages of their workers (Omani and expatriate) through the SPF’s electronic portal, ensuring prompt updates whenever there are changes.

For government units linked through the Mawred and Rio systems, wage updates should be made through those systems.

The contribution bill is calculated at the end of each month by the SPF based on the workers’ data and wages available on the Fund’s portal, making it crucial for employers to verify and update this information on a monthly basis.

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Kuwait: Ministry of Interior Implements New Vehicle Driving Test System

29/08/202429/08/2024
by Hannah Gutang

Arab Times, 22 August 2024: The Ministry of Interior in Kuwait has introduced a modernised system for vehicle driving tests, utilising a new written evaluation form for assessing applicants. This new procedure, now in effect across all six governorates, covers all vehicle categories including private, public, construction, and motorcycles.

According to sources from the Ministry, the new driving test format is structured into six key stages. These stages include fastening the seat belt, maintaining attention while driving, properly parking inside spaces next to the sidewalk, stopping at a red light, manoeuvring the vehicle in a restricted space, and using manual transmission effectively when starting and moving.

Each stage is assigned a specific point value: 10 points for each of the first four stages, and 30 points each for stopping at a red light and turning in a confined space. Applicants must score at least 75 percent out of a total of 100 points to pass the test. Failure to meet this threshold will result in the applicant being considered unsuccessful.

The examiner is responsible for completing the new form and evaluating the applicant’s performance. The scores are then reviewed and approved by the practical testing officer and the head of the testing department.

This marks a shift from the previous system, where results were recorded simply as pass or fail by the examiner. Major General Yousef Al-Khudda, Assistant Undersecretary for Traffic and Operations Affairs, has endorsed this new testing approach. The revised procedure aims to provide a more comprehensive assessment of driving skills, moving away from the prior practice of recording results directly on the applicant’s form.

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Bahrain: Accreditation For Three New Medical Specialties

29/08/202429/08/2024
by Hannah Gutang

The Daily Tribune, 25 August 2024: Government Hospitals have earned accreditation for three additional medical specialties from the Saudi Commission for Health Specialties, bringing the total number of accredited programmes to 16.

The newly accredited specialties include ophthalmology, emergency medicine, and dermatology.

They join previously accredited areas such as internal medicine, general surgery, obstetrics and gynaecology, paediatrics, diagnostic radiology, neuroscience, anaesthesia, anatomical pathology, psychiatry, paediatric surgery, urology, orthopaedic surgery, and otolaryngology-head and neck surgery.

This recent accreditation reflects the hospitals’ ongoing effort to enhance healthcare quality in Bahrain and demonstrates their emphasis on medical training as a key element in developing skilled professionals.

The hospitals aim to offer a high-quality educational environment, providing trainees with the expertise needed for safe professional practice.

They work to meet both institutional and programme standards, fully leveraging available resources for specialised medical training, under the supervision of bodies such as the Arab Board of Health Specialisations and the Saudi Commission for Health Specialties.

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Abu Dhabi: New 90-Day Maternity Leave For Some Private Sector Staff

29/08/202429/08/2024
by Hannah Gutang

Khaleej Times, 27 August 2024: Abu Dhabi has announced that the extended 90-day maternity leave for Emirati women working in the private sector will commence on 1 September 2024.

This extended leave, previously announced, will apply to mothers who give birth on or after that date, according to authorities.

Through this new initiative, Emirati mothers employed in the private sector can also apply for financial support complementary to their salary during their paid maternity leave, provided they have the approval of their private-sector employer.

To qualify for the Maternity Leave Support for Women in the Private Sector Programme, Emirati mothers must apply within the first 30 days of their baby’s birth.

They must provide a valid salary certificate, complete bank account details including the IBAN, a family book issued in Abu Dhabi, and a no-objection certificate from their employer.

The Abu Dhabi Social Support Authority (SSA) aims to expand strategic partnerships with private sector entities to promote the adoption and implementation of the extended maternity leave initiative as part of corporate social responsibility.

This move is expected to encourage Emirati families to have children and raise them in a healthy and stable environment that supports the growth and development of Emirati families.

The extended maternity leave initiative is part of the Emirati Family Growth Support Programme, which will be implemented over a five-year period.

The SSA’s Social Support Applications Sector emphasizes a collaborative approach and partnership with private sector entities and companies, encouraging them to adopt this voluntary programme.

The objective is to fulfill the goals of the Emirati Family Growth Support Program in Abu Dhabi, enhancing family stability and strengthening its social role.

In July, authorities had announced that maternity leave for Emirati women working in the private sector in Abu Dhabi would be extended from 60 to 90 days.

While those in the public sector have always been entitled to three months of paid maternity leave, women in private firms are typically granted 60 days — 45 days fully paid and 15 days half paid, according to the UAE Labour Law.

Furthermore, the Abu Dhabi Early Childhood Authority will introduce a ‘home visit service’ to assist new mothers during the first weeks of motherhood, aiming to support parents’ well-being and monitor the baby’s growth and development.

In addition to the extended maternity leave and home visits, Emirati couples will also benefit from a range of other initiatives and financial relief packages, including marriage loans, loan deductions, and rental assistance.

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UAE: Strengthens Labour Law Penalties to Protect Workers’ Rights

27/08/202427/08/2024
by Tanya Jain

The UAE has announced stricter penalties for companies violating labour laws, highlighting its commitment to safeguarding workers’ rights and combating illegal employment practices.

The recent amendments to the ‘Regulation of the Employment Relationship’, commonly known as the UAE Labour Law, introduce increased monetary fines ranging from AED 100,000 to AED 1,000,000 for labour law violations, a significant increase from the previous AED 50,000 to AED 200,000 range.

Specific offences targeted by the new penalties include employing individuals without proper work permits, neglecting to provide legitimate job opportunities, abusing work authorisation rules, and disseminating false recruitment or Emiratisation data.

In cases where companies fabricate employment or Emiratisation statistics, the fines will be multiplied by the number of employees involved in the fictitious employment. Moreover, companies found guilty of severe violations may face criminal penalties in addition to the substantial financial fines, depending on the severity and impact of the infringements.

The amendments also establish a new process allowing labour dispute cases to be brought before the Court of First Instance if dissatisfied with decisions made by the Human Resources Ministry and Emiratisation.

The UAE government’s move aims to deter employers from engaging in illegal hiring practices and ensure fair treatment of both UAE nationals and expatriate workers.
Companies found in violation risk substantial financial penalties and potential legal consequences, which could impact their ability to hire foreign talent in the future.

The amendments reinforce the UAE’s commitment to improving the regulatory framework and holding employers accountable for upholding labour rights and ethical employment practices.
Businesses operating in the UAE are advised to review their recruitment and employment processes to ensure full compliance with the updated regulations.

Professional advisory services are available to guide companies through the changes and mitigate risks associated with non-compliance.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit https://www.lexis.ae/lexis-middle-east-law/.

UAE: Part-time Work Permit Procedures

22/08/202422/08/2024
by Hannah Gutang

Khaleej Topics, 18 August 2024: The Ministry of Human Resources and Emiratisation (MOHRE) has listed seven procedures for the issuing of a part-time work permit.

The Ministry of Human Resources and Emiratisation (MOHRE) has listed seven procedures for the issuing of a new work permit and a part-time work permit. Part time permits allow registered establishments to employ a worker under a part-time employment contract, where the worker’s hours or working days are less than their those of full-time counterparts. The worker can work for more than one employer after obtaining a permit from the Ministry.

First it is necessary to login to the electronic service their username or password or use their digital identity. The application must be through one of the service channels. The application must be electronically referred to the Ministry for verification the necessary conditions and documents are present.

If there are any issues the establishment will be notified of this.

If everything is correct, approval will be granted for issuing a part-time work permit. The contract will be approved electronically if the permit application is approved. Fees must be paid on issue of the approval.

The required documents include a clear coloured personal photograph with a white background, a copy of the passport including a valid residence visa, the approved job offer form issued by the Ministry and signed by the employer and the worker, an educational certificate (which is clear and bears the worker’s name; for skill levels 1 and 2, a university degree certified by the Ministry of Foreign Affairs for skill levels 3 and 4, a diploma or higher certified by the Ministry of Foreign Affairs for skill level 5, a general secondary school certificate certified by the Ministry of Foreign Affairs for skill levels 6 to 9, no certificate is required). The worker is not considered skilled if the monthly salary is less than AED 4,000, and they have an educational certificate.

Other required documents include a professional license issued by the competent authority, for occupations such as a doctor or nurse (professional license issued by the Ministry of Health and Health Authority), and for teachers, or teaching assistants, a professional license issued by the Ministry of Education, Knowledge Authority in Dubai, Abu Dhabi Department of Education and Knowledge, and Sharjah Private Education Authority).

The Ministry has set several conditions for obtaining a part-time work permit, including that the worker must be at least 18 years old, meet the requirements stipulated in the applicable legislation work in specialised professions or any other positions that require obtaining a professional license, the worker’s profession with the employer must be consistent with the establishment’s activity, the establishment’s license must be valid and have no violations that lead to the suspension of its activity according to legal regulations, the request for the permit must be submitted by the legally authorized signatory of the establishment, the worker must have a valid residence visa and a work permit issued by the Ministry. All skill levels and professions are allowed to obtain this type of permit based on the service’s specific conditions. Insurance or a bank guarantee is not required to issue the permit, and an electronic quota is not required to obtain a part-time work permit service.

The application process takes two working days, and the customer are notified of the result of the application upon completion. The customer can follow up on their application by accessing the inquiry services through one of these channels: the Ministry’s website, the MOHRE smart application, or the call centre 600590000. The permit is valid for one year.

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Saudi Arabia: Enforcement Action on Intellectual Property

22/08/202422/08/2024
by Hannah Gutang

The Saudi Authority for Intellectual Property has issued its annual report on the enforcement of intellectual property rights in Saudi Arabia in 2023.

The report showed that the Authority had received more than 2,680 complaints during 2023, including complaints related to copyright and trademark complaints across various sectors. This was a 50% increase in the total number of complaints compared to 2022. Trademark complaints increased by 73%, and copyright complaints increased by 30%. More than 1,000 inspection visits were carried out to commercial establishments in 42 cities and governorates within Saudi Arabia, based on complaints submitted by rights holders.

The Intellectual Property Authority is continuing to use its “Mystery Shopper” process, which contributes to the efficient enforcement of the intellectual property rights system. The enforcement team continuously monitors and surveys commercial and electronic markets, researches violations, in order to collect data on commercial establishments and provide the inspection team with information to target areas and sectors with inspection campaigns and awareness visits. The Mystery Shopper conducted more than 4,700 visits to over 70 commercial centre in 17 cities and governorates, and visited more than 6,000 websites and online stores.

The Authority revealed that 422 suspected shipments were handled, and the Zakat, Tax and Customs Authority reported that 60% of customs shipments violated intellectual property regulations and laws. Over 3.4 million products violating intellectual property regulations and laws across various commercial sectors were prevented from being cleared at border crossings.

In the digital space, the Authority has focused on enforcing intellectual property rights for digital content and e-commerce. The number of reported websites reached 4,545, with 81% of the reports involved websites displaying and downloading movies and TV series.

The Authority confirmed that more than 41 million products violating intellectual property rights were seized, more than 16.3 thousand infringing intellectual property content items were removed, and more than 3.4 thousand websites violating the law were blocked. 13,000 establishments were visited during complaint enforcement operations and field and electronic surveys.

During 2023, the Commercial Courts and the Committee for Considering Copyright Violations issued more than 270 judgments and decisions against intellectual property violators, with total fines of nearly 2.2 million Riyals levied.

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