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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UAE: Part-time Work Permit Procedures

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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UAE: Federal Law on Labour Relations Organisation Issued

Al-Bayan, 12 August 2024: The UAE has issued a new federal decree-law amending provisions of the existing labour relations regulations. This move aligns with the country’s continuous efforts to develop a robust legislative framework that ensures an efficient and competitive labour market.

The primary objectives of the new decree-law are to regulate labour relations in a balanced manner, clearly defining the rights and obligations of all parties involved. Additionally, to provide comprehensive protection for workers and employers, enabling them to exercise their rights within a well-defined legal framework.

Lastly, to enhance the overall competitiveness of the UAE’s labour market.

Stringent penalties have been introduced for violations related to unauthorised employment practices.
Individuals found employing workers without proper authorisation, bringing in workers and leaving them without employment, misusing work permits, or closing facilities without settling workers’ rights will face fines ranging from AED 100,000 to AED 1 million.

Strict measures have been put in place to protect juvenile workers.
Employers found violating provisions related to the employment of minors will face similar hefty fines.
Additionally, individuals who agree to employ juveniles in violation of the law, including those with guardianship or custody over the minors, will also be subject to penalties.
Employers are now mandated to take necessary measures to settle the rights of workers in accordance with the new decree-law, its executive regulations, and related decisions before closing facilities or suspending operations.

The UAE’s proactive approach to enhancing its labour laws demonstrates its commitment to creating a fair and transparent work environment that safeguards the interests of both employers and employees.
These amendments are expected to further strengthen the country’s position as a preferred destination for skilled professionals and businesses seeking a robust and well-regulated labour market.

The UAE Government announced fines ranging up to Dh1 million on Monday after a Federal Decree-Law was issued, amending specific provisions of the Federal Decree-Law on the Regulation of Employment Relationships.

A fine ranging from Dh100,000 to Dh1 million will be imposed on employers for employing a worker without a work permit or bringing them without providing any job. The same fine will also apply for closing a business without settling the rights of workers, taking part in fraudulent labour acts including fraudulent employment or fictitious Emiratisation, employing a minor in violation of the law, and engaging in any act of circumvention of the laws or regulations governing the labour market, including fictitious employment.

As per the new provisions, the penalties will multiply based on the number of workers fictitiously employed.

Additionally, The Ministry of Human Resources and Emiratisation is now authorised to make a settlement provided that the employer pays 50 per cent of the minimum value of the fine and pays back to the government the financial incentives obtained by the fake employees.

The new decree stipulates that any criminal proceedings for fictitious employment, including fake Emiratisation, can only be initiated at the request of the Minister of Human Resources and Emiratisation or his/her authorised representative.

The decree also states that any disputes between employers and employees should be referred to the Court of First Instance rather than the Court of Appeal, if there is a disagreement with the decision made by the Ministry of Human Resources and Emiratisation in resolving the dispute.

This applies to all cases except for those disputes that have been adjusted or reserved for the issuance of a judgement.

Starting from the date of implementation of the provisions, the Court of Appeal is required to refer all requests, disputes and grievances regarding the regulation of employment relations to the Court of First Instance.

As per the new provisions, the court shall revoke proceeding with any claims filed after two years from the termination of the employment relationship.

This decree is part of the country’s ongoing efforts to develop its legislative and legal framework.
It aims to ensure the efficiency and competitiveness of the labour market, regulate employment relationships, and clearly define the rights and obligations of all parties involved, and ensure their protection by law.

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UAE: Reveals VAT Guidelines for Charities

The Federal Tax Authority (FTA) in the UAE has released comprehensive guidelines outlining the VAT treatment for charities operating in the country.

The guidelines, titled “Charities VAT Guide,” provide clarity on various aspects of VAT compliance for charitable organisations.

One of the key highlights of the guidelines is the introduction of the concept of “designated charities.”

These are charities that meet specific criteria, such as being approved by the Community Development Ministry, operating on a not-for-profit basis, and being primarily funded by grants or donations.

Designated charities will be eligible for a special VAT recovery scheme, allowing them to reclaim VAT incurred on expenses related to both taxable and non-taxable activities, except for exempt supplies.

A spokeperson from the FTA has stated that the guidelines aim to support the charitable sector in the UAE by providing a clear framework for VAT compliance.

Designated charities will benefit from the special VAT recovery rules, enabling them to maximise their resources for charitable purposes.

The document outlines the criteria for a charity to be recognised as a designated charity and the process for obtaining this status.

It also clarifies the VAT treatment of various activities undertaken by charities, such as business activities subject to VAT, non-business activities, and donated goods and services.

For charities that do not qualify as designated charities, the guidelines explain the standard VAT recovery rules.

These charities can only recover VAT on costs related to taxable supplies, following a prescribed input tax apportionment method.

The guidelines also address special situations, such as the VAT treatment of sales or leases of new buildings to charities.

The first supply of a new building specifically designed for a designated charity’s relevant charitable purpose will be subject to VAT at the zero rate, providing a cash-flow benefit.

The UAE Cabinet has issued several decisions listing the charities recognised as designated charities, eligible for the special VAT recovery rules.

The guidelines provide an updated list of these designated charities.

The FTA has emphasised the importance of charities familiarising themselves with the guidelines and ensuring compliance with the VAT regulations.

Failure to comply may result in penalties and other legal consequences.

With the release of these comprehensive guidelines, the UAE aims to support the charitable sector while ensuring a fair and transparent VAT system.

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UAE: Unveils First Licensed Lottery Operation, Establishes Gaming Regulatory Framework

Khaleej Times, 29 July 2024: The UAE has announced the launch of its first licensed lottery operation.

This is significant milestone in the establishment of a comprehensive regulatory framework for commercial gaming activities in the country.

The General Commercial Gaming Regulatory Authority (GCGRA), a federal entity, has unveiled the regulatory framework designed to protect consumers by ensuring fairness and transparency across all licensed commercial gaming activities, including lotteries.

The GCGRA emphasised that any unlicensed commercial gaming operations in the UAE are illegal for both operators and players, highlighting the importance of the newly established regulatory framework.

The Game LLC, a commercial gaming operator based in Abu Dhabi, has been granted the first license to operate under the banner of the ‘UAE Lottery’.

The company specialises in game development, lottery operations, and gaming-related content, promising to offer a diverse range of lottery and other games catering to various player interests and financial preferences.

However, specific details about the types of games to be offered have not been disclosed yet.

According to the GCGRA, commercial gaming refers to any game of chance or combination of chance and skill where money or valuable items are wagered for the purpose of winning.

This definition includes gaming machines, internet gaming, electronic skill-based games, lottery games, event wagering (including bets placed on sporting events or horse racing), and any other form of commercial gaming regulated and licensed by the GCGRA.

Engaging in, operating, or facilitating commercial gaming activities without a valid license is unlawful and will result in legal action, including criminal penalties.

Participating as a player in activities offered by unlicensed operators, whether online or at a physical venue, is also illegal and may subject individuals to severe penalties.

The GCGRA has emphasised the importance of responsible gaming practices, enforcing safeguards across every aspect of the gaming experience, from game design to marketing strategies and the provision of player support services.

The authority aims to minimise the potential adverse consequences of excessive gaming for individuals and society, promoting commercial gaming as an entertainment and leisure activity rather than a means to generate income or make money.

With the establishment of the regulatory framework and the licensing of the UAE’s first lottery operator, the GCGRA aims to create a safe and transparent environment for commercial gaming activities in the country, while also addressing potential risks associated with unlicensed operations.

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UAE: AI Use in Tax Management Being Considered

Emaratalyoum, 17 July 2024: The Federal Tax Authority is studying the implementation of a number of future projects, including managing the tax system in the country using artificial intelligence.

The authority is also studying the establishment of offices to provide services to taxpayers at the state level, while a parliamentary report by the Authority called for the necessity of accelerating the implementation of the joint project with the Finance Ministry regarding electronic invoicing.

A parliamentary report has stated that VAT is one of the most common consumption taxes worldwide, applied as “value-added tax” or “goods and services tax” in over 150 countries, including all 29 EU member states, Canada, New Zealand, Australia, Singapore, and Malaysia.

The report has confirmed that tax revenues contribute to the continuity of providing distinguished, high-quality government services that keep pace with the country’s advanced position in global competitiveness indicators.

According to the parliamentary report, VAT was implemented in the country in coordination with the GCC countries, as they worked on this framework jointly, especially since they are linked by an economic agreement and a customs union.

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UAE: New Law to Promote Fair Competition and Monopolistic Practices

Khaleej Times, 11 July 2024: The UAE has introduced a new law prohibiting companies from offering or applying very low prices for production, transfer and marketing with a monopolistic approach to drive other companies out of competition.

The new law defines competition as the act of conducting economic activities based on market mechanisms, but not such mechanisms that harmed trade, development and consumer interests.

It is aimed at ensuring fair competition and prohibiting monopolistic approaches for all companies, as well as protecting consumers’ rights in the country and also regulates mergers and acquisitions in the local market.

The ministry has monitored and communicated with local authorities for inspections to ensure fair competitive practices in the country and the authority could also act in case of receiving a complaint.

This was announced during a media briefing while revealing details of Federal Decree-Law No. 36/2023 on competition regulation, which promoted and protected competition, combated monopolistic practices, and countered harmful economic concentration of consumers in the UAE.

The fines and penalties for the companies are under review and will be released once the Cabinet approves them.

The new law aims to combat monopolistic practices by ensuring a stimulating environment for enterprises, contributing to improving effectiveness, competitiveness and protecting consumer interests.

This new law also aims to promote the market economy and economic activities in line with the principle of economic freedom, and ensure that economic concentration is monitored.

Its provisions speak to all conditions that may undermine, limit, prevent or restrict competition.

Ensuring consumer protection from anti-competitive practices in the context of operationalisation of new market mechanisms, as well as the promotion of economic efficiency, marketing and research and development, are also key goals.

The new law clarifies that economic concentration refers to the dominance of a small number of firms within a particular industry.

It defines economic concentration as any act resulting in the complete or partial transfer (merger or acquisition) of ownership, usufruct rights, property rights, equity, shares or obligations from one establishment to another.

This empowers the acquiring establishment or group of establishments to directly or indirectly control the acquired establishment or group of establishments.

The law takes into consideration the annual sales value of the enterprises concerned and not only the total share of such enterprises involved in the economic concentration process.

Two conditions must be satisfied to successfully complete the process of economic concentration.

The first condition indicates that the total value of annual sales of such establishments in the relevant market, for the last fiscal year, must exceed the amount determined by the Cabinet, upon the minister’s proposal.

The second condition states that the total share of such establishments must exceed the percentage of the total transactions in the relevant market during the last fiscal year, as determined by the Cabinet.

Federal Decree-Law No. 36/2023 establishes the regulations for submitting the application for economic concentration, the documents to be attached, and its examination mechanisms.

The ministry has stated that companies can submit their views on the Application for Economic Concentration project and also provide any data or information that would help study the request, in line with global best practices in the field of competition.

The ministry has also elaborated that efforts are currently underway to develop a more agile and sustainable competitive system, including the launch of more pioneering legislation, initiatives, and programmes to make the UAE a global hub for the new economy within the next decade.

The law assigns new responsibilities to the Competition Regulation Committee as well, such as proposing the general policy for protecting competition and scrutinising issues related to the application of the provisions of this law and making recommendations.

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