UAE: Federal Authority Introduces Unified Employment Contract Model for Federal Sector

The Law Reporters, 16 September 2024: The UAE Federal Authority for Government Human Resources (FAHR) has unveiled a unified model for employment contracts within the federal government sector, a move aimed at streamlining and standardising employment terms for both Emiratis and expatriates.

This legal reform signifies a major advancement in the UAE’s employment framework, reflecting its commitment to fostering an inclusive, efficient, and well-regulated public sector.

The newly introduced employment contract model applies to all employees within the federal government, covering various employment types and work patterns.

It clarifies the different work patterns allowed under federal government employment, giving room for diverse roles and responsibilities while maintaining operational efficiency.

The reform includes provisions for flexible working hours, recognising the growing need for adaptable work schedules in a modern work environment.

One of the model’s most significant aspects is the specification of contract durations, providing clarity and transparency for both employers and employees.

Whether an individual is employed on a permanent, temporary, or project basis, the duration of the employment will be clearly stipulated.

The unified model is applicable to both Emiratis and expatriates employed in the federal government.

This inclusivity is in line with the UAE’s broader policies to integrate Emiratis into the public sector while ensuring that expatriates have clear and structured employment terms.

From a legal standpoint, this initiative represents a significant step towards reducing ambiguity and employment disputes in the public sector.

By standardising terms and conditions, the model enhances legal certainty for all stakeholders.

Employees now have a clear understanding of their rights and obligations, and employers can ensure compliance with unified guidelines.

The introduction of this contract model comes at a time when governments worldwide are reassessing employment frameworks to adapt to new work environments shaped by technological advancements, global mobility, and shifts in labour markets.

The UAE has consistently been at the forefront of such reforms, with this unified model being a testament to its proactive approach to labour governance.

The unified model also aligns with the UAE’s ongoing Emiratisation efforts, which aim to increase the number of Emiratis employed in the public and private sectors.

By creating a transparent, structured, and attractive employment framework, the federal government aims to encourage more Emiratis to join the workforce, knowing that their employment terms are safeguarded under this unified system.

The UAE’s move to introduce a unified employment contract model is a landmark reform that reflects the country’s legal sophistication and its ability to adapt to the evolving needs of the workforce.

It provides much-needed clarity on work patterns, flexible timings, and contract durations, ensuring fairness and legal consistency for both Emirati and expatriate employees in the federal sector.

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UAE: Streamlined Process for Withdrawing Absconding Reports Introduced

Khaleej Times, 6 September 2024: The Ministry of Human Resources and Emiratisation (MoHRE) has introduced a simplified process for both domestic workers and employers to file or withdraw absconding reports.

This initiative aims to provide a fair and transparent resolution for all parties involved.

According to the new guidelines, domestic workers can initiate the withdrawal process through MoHRE’s website, application, or by visiting designated domestic worker centres or Tawseel vehicles.

The service is available in all emirates except Dubai, where it can be accessed through the General Directorate of Residency and Foreigners Affairs.

To withdraw an absconding report, domestic workers must provide a copy of their Emirates ID, passport, and have a record of an absconding report lodged by their employer.

After filling out the application and paying the required fee (Dh115 online or up to Dh72 at business centres), MoHRE will verify the validity of the complaint.

Once approved, the worker can cancel the complaint without involving the employer within a week of the cancellation date.

Employers, on the other hand, can log into MoHRE’s portal or use their UAE Pass to submit an application for withdrawing the absconding report.

They must provide copies of the domestic worker’s Emirates ID and passport, and have a record of lodging a complaint against the worker for absence from work.

After paying the applicable fee and verification by MoHRE and the Federal Authority for Identity, Citizenship, Customs and Ports Security, the employer will receive final approval.

The new process aims to streamline the resolution of domestic worker disputes, with the latest amendments mandating that such cases be taken up at the Court of First Instance as a last resort if an amicable settlement cannot be reached with MoHRE.

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UAE: Circular Warns Against Violations in Marketing Calls for Securities and Commodities

Al-Ethihad, 3 September 2024: The Securities and Commodities Authority has urged the public to report marketing calls related to securities and commodities that violate the provisions and regulations outlined in Cabinet Decision No. 56/2024 on the regulation of telephone calls.

The Authority has outlined violations and practices that fall under the purview of the aforementioned resolution, including marketing of products not under the Authority’s supervision through unofficial channels without approval.

Using unjustified marketing pressures to convince individuals to accept a product or service.

Using false and misleading information when marketing a product or service.

Making marketing calls outside the authorised time frame of 9:00 AM to 6:00 PM.

Persisting after an initial rejection of a product or service.

Calling more than once a day or twice a week after no answer or call termination.

Not asking for consent before starting marketing, advertising, or promotion.

Not using registered local numbers issued by authorised telecommunications companies.

Making marketing calls from unregistered or non-company-owned numbers.

Receiving marketing calls from a company registered in the Non-Disclosure Register (DNCR).

Disclosing and trading personal data to third parties for marketing purposes.

Failure to indicate that the call is being recorded. Failure to disclose the company’s identity and purpose of the call at the beginning.

Additionally, any other violations of controls issued by the Authority.

The Authority has confirmed that companies approved for marketing securities and commodities via telephone can be verified on its website.

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UAE: Strengthens Labour Law Penalties to Protect Workers’ Rights

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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