LexisNexis Middle East

Dubai: Developers Cannot Dictate Holiday Home Rules

24/01/202024/01/2020
by Benjamin Filaferro

Dubai Tourism and Commerce Marketing has issued directives, which among things, state developers and owners association in the Emirate cannot stop licensed holiday home operators from accessing their buildings or communities. Dubai Tourism and Commerce Marketing is responsible for licensing holiday homes. The new rules also apply to facility management firms who operate on behalf of developers or owners associations in maintaining buildings.

News developments

Qatar: Penal Code Amended

24/01/202024/01/2020
by Benjamin Filaferro

Qatar’s Emir has issued amendments to the country’s Penal Code. Under the amendments, anyone who broadcasts, publishes, or re-publishes rumours, fake news, or biased news, locally or abroad, with the intent to harm national interests, stir up public opinion, or infringe on social harmony or public order will be jailed. Biased broadcasting or publication will be jailed for up to five years and fined 100,000 Riyals. The amendments have been published in the Official Gazette.

Weekly Spotlight

Weekly Spotlight: Amendments to the DIFC Employment Law Enacted

19/01/202017/01/2020
by Benjamin Filaferro

The DIFC has enacted amendments to the 2019 Employment Law (DIFC Law No. 2/2019) and introduced new Employment Regulations which introduce a new end of service savings plan. The amendments to the Labour Law introduce the new Qualifying Scheme workplace savings scheme in the Centre and replace the current end-of-service gratuity payment regime which has been in place since the Centre’s founding in 2004. They come into force on 1 February 2020 and employers will have to make mandatory monthly contributions to a professionally managed and regulated savings plan after that.

The new Regulations set out the requirements for Qualifying Schemes. Employers have until 31 March 2020 to enrol into a Qualifying Scheme. These include the DIFC Employee Workplace Savings Plan. Alternatively, employers may seek a Certificate of Compliance from the DIFC Authority for an alternative Qualifying Scheme under the Regulations.

There will also be a new oversight body which will have the right to appoint and remove the scheme operator, review its governance and fees and charges imposed on the scheme. In addition, Qualifying Schemes must require employer and employee representation and independent oversight with the aim of ensuring the proper protection of the employee’s interests.

Employees will also be allowed to make voluntary workplace savings contributions into a Qualifying Scheme on top of the mandatory monthly contributions to be made by employers under the Employment Law and ensure any accrued end-of-service benefits under the current regime remain in place, also providing employers with the option to pay these accrued benefits into a Qualifying Scheme. In addition, there are exemptions for certain types of employees, like those on secondment in the Centre, short-term workers, equity partners and employees working for Government departments and bodies which have a presence in the Centre. The mandatory contributions to be made by employers are set at 5.83% of monthly basic wage, for employees who have less than five years’ service and 8.33% of monthly basic wage for employees who have served for longer.

News developments

Qatar: New Controls and Procedures for the Exit of Expatriates not Subject to the Labour Law

18/01/202017/01/2020
by Benjamin Filaferro

Qatar’s Prime Minister and Interior Minister has issued Qatar Decision No. 95/2019 on controls and procedures for the exit of some categories of expatriates who are not subject to the Labour Law. The Decision allows expatriates to exit the country during the validity of their work contract. It applies to workers in Ministries and other Government agencies as well as public bodies and institutions. In addition, it applies to those in the oil and gas sector, maritime industries, agriculture and grazing, domestic and private office workers. An employer has the right to submit a request to the Interior Ministry with the names of those who may require approval before they leave the country because of the nature of their work, up to 5% of the number of their employees. Domestic workers should inform their employer at least 72 hours before they want to leave.

News developments

Kuwait: Amendments to the Audiovisual and Publication Laws Announced

18/01/202017/01/2020
by Benjamin Filaferro

The Rapporteur of the Educational Affairs Committee of Kuwait’s National Assembly has announced the Committee has discussed amendments to the Audiovisual and Publication Laws. The amendments being considered relate to the penalties under both laws. If they are approved, those who violate either law will not be jailed. The Committee also discussed a draft law on media protections for young people and is waiting to get feedback on the Government.

News developments

Bahrain: Execution Court Procedures to be Expedited

17/01/202017/01/2020
by Benjamin Filaferro

The Head of Bahrain’s Execution Court has announced it is going to expedite procedures in the Court. The Courts have been split to hear different cases and enable them to provide more effective e-services. The number of Execution Court judges have also been increased from six to eight. The changes have been introduced together with the Supreme Judicial Council and the Justice, Islamic Affairs and Endowments Ministry. Private firms will also be able to act as legal notaries if they are licensed.

Weekly Spotlight

Weekly Spotlight: The DIFC Announces the DEWS Nomination Deadline

12/01/202010/01/2020
by Benjamin Filaferro

The DIFC has issued a reminder that the deadline for appointing an employee and/or employer to the DEWS Supervisory Board is 15 January 2020.

Nominations should be accompanied with a valid DIFC employee card and the entity should be registered in the DIFC. The nominees should also have the appropriate qualified and experience.

The DEWS Supervisory Board will be made up of DIFC Authority representatives, employer and employee representatives and independent members. The Board will oversee the continuing governance and commercial aspects of the scheme which are not subject to regulatory supervision.

News developments

Kuwait: Children of Kuwait Female Nationals Should be Able to Receive Social Help

11/01/202010/01/2020
by Benjamin Filaferro

According to local newspaper reports, Kuwait’s Social Affairs Minister has presented a draft law to allow the children of Kuwaiti female nationals and non-Kuwaiti men to receive social assistance. It has been referred to the Fatwa and Legislation Department to consider. The aim is to improve their living conditions and create a more equal system.

News developments

Qatar: Crypto Currency Trading Banned

11/01/202010/01/2020
by Benjamin Filaferro

Qatar’s Financial Centre Regulatory Authority is understood to have banned crypto currency trading although no official announcement has been made. The ban apparently applies to ‘anything of value that acts as a substitute for currency, that can be digitally traded or transferred and can be used for payment or investment purposes’. However, digital forms of securities or any other financial instrument under the remit of the Authority, the Qatar Central Bank or the Qatar Financial Markets Authority, will apparently still be allowed.

News developments

Saudi Arabia: Tax Objection Procedures Amended

11/01/202010/01/2020
by Benjamin Filaferro

Saudi Arabia’s King has issued a Royal Decree to amend the tax objection procedures for income tax, excise tax and VAT. The Decree states ‘Anyone against whom a decision has been issued by the commission may object to it in accordance with the provisions of the work rules of the committees for adjudication of tax violations and disputes’. It applies to Article 66(a) of the Income Tax Law, Article 49 of the VAT Law and Article 27 of the Excise Tax Law. The Deputy Prime Minister, Ministers and heads of relevant independent bodies have been instructed to implement it as appropriate.