Weekly Spotlight: New Ministerial Decision in the UAE Allowing Companies to Hire Employees on a Part-Time Basis

This week the spotlight is on employment law developments in the UAE, where the country’s Human Resources and Emiratisation Ministry has announced it has issued a Decision allowing companies to hire employees on a part-time basis. It is hoped the change will create a more flexible labour market in the country and reduce the country’s dependency on expatriate employees. However, a part-time contract cannot be changed into a full-time contract unless it is terminated first. Under the Decision, part-time employees must work no more than eight hours a day and have at least one day off a week. Employees will also be able to work in first and second level skilled jobs for more than one employer providing they have obtained Ministry approval. They will not need the approval of either their original or new employer.

Elsewhere, according to local newspaper reports, the application of the Good Conduct Certificate requirement has been extended. It now applies to existing workers in the country who are switching jobs regardless of their length of service. This dispels rumours in February 2018 the requirement would not apply to this category. It means Filipino and Indonesian domestic workers are now the only ones exempt from the requirement.

Weekly Spotlight: A Mechanism for Monitoring and Inspecting Real Estate Regulatory Authority licenced entities to be established in Dubai

This week the spotlight is on legal and regulatory developments in the real estate sector in Dubai, where the Real Estate Regulatory Authority has signed an agreement with the Dubai Economic Development Department. Under the agreement, a mechanism for monitoring and inspecting Real Estate Regulatory Authority licenced entities will be established. Under the agreement, the two sides will work together to issue and impose fines on violators of the relevant regulations. The Land Department will provide all of the data and information for proper inspections, supervision and follow-up of licenced real estate facilities to be carried out. It will also provide the Economic Development Department’s Commercial Compliance and Consumer Protection Department team with all of the directives, decisions and memorandums issued to real estate companies in Dubai which clarify the relevant regulatory clauses and how they are applied. For its part the Economic Development Department’s Commercial Compliance and Consumer Protection Department will organise awareness campaigns about the relevant regulatory requirements.

Elsewhere Dubai’s Municipality Buildings Department has announced it has launched a new industrial building projects system. The aim is to ensure contractors are registered and simplify procedures for owners and customers in this sector. The new system will allow a contractor to design industrial buildings and supervise their implementation without needing to appoint a consultancy office. An awareness campaign about the new system will launch on 26 March.

Weekly Spotlight: New System to Allow Companies to Issue Emirates ID Cards Electronically

This week the spotlight is on legal and tax developments in the UAE, where the country’s Federal Authority for Identity and Citizenship has announced it is working on a new system to allow companies to issue or renew Emirates ID cards for their staff electronically. The aim is to migrate 80% of the Authority’s services to smart and digital platforms by December 2018. Under the new system, companies who meet certain criteria will be able to use Authority services to issue ID cards electronically. Companies will have to have over 100 employees and must be licenced by the relevant authorities. They will also have to apply to the Identity and Citizenship Authority to use the system.

The Federal Taxes Authority has also confirmed the provision of a receipt is a fundamental consumer right. The Authority confirmed businesses should provide receipts and should not deduct taxes if have not registered. The Authority also warned fines will be imposed on businesses who deduct tax but refuse to provide consumers with receipts.

Weekly Spotlight: UAE’s Draft Arbitration Law Approved

This week the spotlight is on arbitration developments in the UAE, where the country’s Federal National Council has approved a draft Arbitration Law. The UAE’s judicial authority will now consider the Law before it is considered by the Council of Ministers and the Supreme Court. It is likely the law will be enacted in the second half of this year. Under the draft law, parties will be able to choose the arbitrator they want to hear their case according to its subject, the legal system they wish to govern their case, be it the UAE, UK, Singapore or any other jurisdiction and where it is heard. The law will apply to all arbitrations in the country, provided the parties ‘agree to not be subject to another arbitration law’ and provided the case does not ‘contradict the UAE’s public order and morals’. It is expected to adopt many of the provisions in the United Nations Commission on International Trade Law, which is a model for international commercial arbitration and has been enacted successfully in many countries. It comes as the numbers of commercial disputes in the country are increasing, according to DIFC Court figures. According to the Courts they handled 520 cases in 2017, with Court of First Instance claims, which include arbitration cases up 17% compared to the previous year, at 54.

Weekly Spotlight: Launch of the 2nd edition of the UAE Anti-money laundering Standardisation Manual

This week the spotlight is on banking and finance developments in the UAE, where the UAE’s Foreign Exchange and Remittance Group which represents businesses engaged in money exchange and remittances in the country has announced it has launched the second edition of the Anti-money laundering (AML) Standardisation Manual in Dubai.

It was launched in 2015 to encourage exchange houses in the UAE to comply with Central Bank Regulations. When the Central Bank released a new set of Exchange house regulations, the Group worked with KPMG to review and redraft the manual in line with the new regulations. The Second Edition is an updated version of the Group’s first standardisation manual. The new edition states clear guidelines for the sale and purchase of foreign currencies and traveller’s cheques, handling remittance operations in different currencies and paying wages through the Wages Protection System, amongst other things.

Elsewhere the country’s Federal Tax Authority has confirmed businesses only have to use their Tax Registration Numbers and don’t need a tax certificate to carry out business. The Authority added tax registration certificates cannot be printed or downloaded with a provisional Tax Registration Number. The Authority’s website allows individuals to verify the Tax Registration Number of any company registered with the Authority for VAT purposes.

Weekly Spotlight: UAE Federal Tax Authority has announced some exceptional amendments to the VAT first accounting period

This week the spotlight is on VAT developments in the UAE, where the Federal Tax Authority has announced it has made some exceptional amendments to the first accounting period for those subject to VAT. The move follows calls from a number of VAT-subject authorities and institutions for an extension. The exceptional amendments include an extension to the accounting tax period from one to three months for some businesses and amending the quarterly tax period, scheduled to end during the first tax period at the end of January or February, to now end on the second tax period. The tax period for some businesses will, therefore, be four months and five months for other businesses. However businesses with a three-month tax period ending in March will not be affected by the amendments.

Elsewhere, the Tax Authority has clarified the import procedures non-VAT registered businesses should follow following the introduction of VAT in the country on 1 January 2018. Non-registered businesses looking to import into the UAE must follow standard customs procedures. They must either complete a declaration and pay through the e-Dirham system or through the eServices portal on the Authority’s website or via a clearing company approved by the Authority at the port of entry. Alternatively they can do so via a freight forwarder approved by the Authority or via a courier company where the goods are delivered to the importer. As well as following standard procedures when importing for re-export, transit, or temporary admission, non-registered businesses must provide a guarantee for the tax due on the imported goods in question, either by entering a previously obtained e-Guarantee reference number on the e-Services portal or via a clearing company approved by the Authority at the port of entry. Alternatively they may do so via a freight forwarder approved by the Authority.