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Dr Abdul Wahab Abdool – Managing Partner of Bin Nakhira & Partners, interviewed by Hussain Hadi – Head of LexisNexis Middle East Publishing. How do claimants challenge administrative decisions or administrative bodies? Find out Dr Abdul Wahab Abdool’s point of view!
A new employment law for the DIFC is expected to be enacted shortly, following a consultation in early 2018 and subsequent amendments made during the course of last year. The DIFC is a financial free zone in Dubai, UAE and is home to many leading financial institutions, law firms and other professional services companies. The DIFC is an independent legal system with its own laws and courts. The current employment law for DIFC companies is DIFC Law No. 4/2005, as amended by DIFC Law No. 3/2012 (DIFC Employment Law) which will be replaced in its entirety by the new law once it is enacted.
The proposed new law introduces quite extensive changes to the DIFC Employment Law. For many of the changes, the intention is to strike a fairer balance between the respective rights of employers and employees than under the current DIFC Employment Law, for example in relation to employee leave entitlements and termination benefits. Other changes are reflective of recent developments and trends in working practices, for example part-time employment and secondment arrangements which are not expressly provided for under the DIFC Employment Law. Certain changes are intended to rectify unintended consequences of the current wording of the DIFC Employment Law, whereas others are being introduced from a compliance and enforcement perspective, including the right for the DIFC Authority to inspect DIFC companies’ premises and records and to impose monetary fines (up to $10,000) for non-compliance.
One of the most important developments is the proposed expansion of the anti-discrimination provisions of the DIFC Employment Law. In particular, under the proposed new law there will be additional protected characteristics and the introduction of various remedies including court declarations, recommendations and most importantly, significant monetary compensation for an employee who has suffered unlawful discrimination. In light of the extensive changes under the proposed new law, DIFC employers should prepare to have their employment contract templates and HR policies reviewed and updated to ensure compliance with the new law. Consideration must also be given to how existing employees’ contracts and benefits will be dealt with in light of the new developments. More broadly, DIFC employers will need to carefully review their policies, procedures and general approach when dealing with HR and employment matters generally (from recruitment and hiring through to the termination of employment) to ensure the company’s legal risks are appropriately managed, particularly in light of the increased scope (and repercussions) for employee discrimination claims under the new law.
The UAE’s Cabinet has approved a Decision amending the country’s 1992 Civil Procedure Code in line with the UAE Vision 2021 and UAE Centennial Strategy 2071. They are aimed at strengthening and modernising judicial procedures to ensure they can be applied more easily. The amendments include unifying procedures in all civil courts across the country along with the necessary flexibility to implement judicial decisions in line with the requirements of each judicial body. They were introduced following cooperation between the Federal Justice Ministry, the Supreme Committee of Dubai Legislation, the Judicial Councils and the Military Court. The Abu Dhabi Judicial Department, Dubai Courts, Ras al Khaimah Courts and DIFC Courts will have 100 days to reflect the amendments in their procedures.
Kuwait’s National Assembly has approved a draft law which will mean tourists visiting the country will have to have a health insurance policy which covers the duration of their stay there. The aim is to ensure tourists do not receive medical treatment in the country. A visit visa cannot be granted until the Interior Ministry has seen the health insurance policy documentation. The amount of coverage has not been specified in the law, but this is likely to be clarified when the Ministry prepares the bylaws to implement the law which is expected within the next two to three months.
Saudi Arabia’s Labour and Social Development Ministry (MLSD) has issued a draft Decision on the mandatory requirement for private sector employers to upload their entire workforce’s employment contracts to the General Organisation for Social Insurance’s (GOSI) electronic portal. The draft law has been sent for public consultation and is expected to come into effect in the next couple of weeks. Depending on the total number of workers, companies will have to upload contracts for a specific portion of their headcount within deadlines set out in the Ministerial Decision. The uploading process must be completed for the whole workforce by the end of 2019.
Bahrain’s Central Bank has issued the final rules on various activities related to Crypto-Assets, including licensing, governance, minimum capital, control environment and risk management. The Rules are the first of their kind in the region and are aimed at ensuring Crypto-Asset activities are regulated effectively. They also cover anti-money laundering and anti-terrorist financing, business conduct standards, avoiding conflicts of interest, reporting and cyber security for these activities.
In addition, there are provisions on supervision and enforcement standards including those provided by a platform operator as a principal, agent, portfolio manager, adviser and a custodian in or outside Bahrain.
Those licensed by the Central Bank as crypto-asset exchanges will have additional regulatory requirements to comply with. These additional requirements relate to order matching, pre and post-trade transparency, measures to avoid market manipulation and market abuse and conflicts of interest. They also state there is a need for enhanced due diligence when onboarding new clients, requirements to ensure no encrypted safe custody accounts or ‘wallets’ are maintained which cannot be retrieved, a mandate to ensure keyman risks are adequately managed including by having the necessary insurance covers and clients are educated and given clear instructions on using safe custody wallets.
The Emirates Authority for Standardisation and Metrology has announced all medical laboratories operating in the country will have to adhere to new regulations. Affected entities will have to obtain the appropriate accreditation from relevant accredited bodies. The regulations were drafted together with Abu Dhabi’s Quality and Conformity Council. The aim is to enhance the efficiency of the country’s laboratories and the Authority’s National Accreditation Department will oversee the implementation of the system.
Oman’s Shoura Council is considering a new social media law. The head of the Council’s Media and Culture Committee said the law will not limit freedom of speech. They added the aim is to protect individuals, institutions or the country from rumours about them on social media. As part of this, where rumours are posted, the affected entity will be able to lodge complaints directly against them.
The Chairperson of Egypt’s Micro, Small, and Medium Enterprises Development Agency has announced the Cabinet is finalising the draft SME law. Once they have approved the draft law, it will be submitted to the House of Representatives to consider. It is expected to be submitted within ten days and amongst other things will allow these entities to obtain financing which is not allowed under the existing Egypt Law No. 141/2004.
Oman Official Gazette, issue 1281 has included Oman Sultani Decree No. 18/2019 and at the same time some of the company law changes have become clearer. According to legal experts, Oman Sultani Decree No. 18/2019 has amended the company ownership rules for small firms. It also replaces individual institutions with sole proprietorships who will be regulated differently. Previously companies in the Sultanate could only be established with two proprietors.
Other changes include facilitating the process for companies to turn into SAOGs without the need to have a capital of 2,000,000 Riyals. In addition, these companies will now be regulated by the Capital Market Authority. It will also be easier for companies to merge and there are measures to help struggling companies, so they don’t have to declare bankruptcy. There are various guarantees including a public mandate for insurance to ensure bankrupt companies are insured. Voluntary liquidation must also be completed within three years now and judges can oversee liquidations.
Elsewhere the Government is considering a new Foreign Investment Law. If it is approved, it will allow foreign companies or individuals to increase their ownership in local companies to up to 100%. Currently foreign companies must have a local partner to do business in the Sultanate. The local partner must own 33% of the company. Additional restrictions on foreign entities having property assets or minimum capital requirements could also be introduced. Disputes will also be able to be settled by international arbitration.
