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Survey: The expansion of localisation within the GCC region News developments

Survey: The expansion of localisation within the GCC region

  • 24/06/202428/06/2024
  • by Tanya Jain

Vialto Partners and LexisNexis 2024 Survey

In recent years there has been a noticeable trend in the GCC region regarding the implementation of localisation policies. These policies have had a profound impact on various aspects of the workforce, including recruitment, training, and internal promotions.

Analysis

One prominent example is the expansion of Emiratisation in relation to United Arab Emirates (UAE) 2021 Vision Strategy, which saw the UAE authorities introduce further mandatory requirements for Mainland companies in 2022 and 2023 respectively, to enhance initiatives targeted at employing local talent. Similarly, we also saw the Kingdom of Saudi Arabia (KSA) implement rigorous Saudisation rules and regulations, aimed at specific industries and professions to promote the employment of Saudi nationals. In respect to these developments, Vialto Partners and LexisNexis joined forces in early 2024 to conduct a comprehensive corporate survey on the challenges and impact of localisation policies on businesses operating within the GCC region.

Key Findings

  • Seventy-eight percent (78%) of businesses who participated in the survey were able to meet their localisation quotas and found the changes implemented by the authorities to be positive, as it led to more opportunities for GCC employees within their organisations.
  • Twenty-two percent (22%) of businesses faced difficulties meeting localisation quotas as they found the requirements to be challenging, impractical and unrealistic, which was also exacerbated by a lack of local specialised talent.
  • Eighty-nine percent (89%) of businesses found that localisation policies contributed to their organisations creating internal programmes and employing staff internally to accommodate and meet the demands of localisation policies. Despite this, seventy-eight percent (78%) of businesses found that meeting localisation policies contributed to an increase in labour and operational costs.
  • Twenty-two percent (22%) of businesses found that localisation policies did not lead to new opportunities for GCC nationals within their organisations and they did not experience an increase in labour or operational costs.
  • Sixty-one percent (61%) of businesses found that they already had global policies for assignments in place for international staff. Whereas thirty-nine percent (39%) of businesses did not have any global policies in place for international staff, and eleven percent (11%) did not have any internal programmes for training and development.
  • Fifty-three percent (53%) of businesses changed their policies on opportunities for international staff to meet the demand of localisation quotas. In contrast, forty-seven percent (47%) of businesses reported that they had already implemented diversity and inclusion initiatives (which was not aimed at a specific nationality or origin) prior to the implementation of localisation rules.

Overall, employers found localisation policies to be challenging yet reasonable within the GCC region, as it encouraged businesses to work closely with local authorities and communities to attract and retain local talent.

Key Trends

  • Some employers were successful with meeting, or even surpassing localisation quotas by implementing a comprehensive plan which included targeting roles to be filled by a local employee versus a foreign national, as well as employing skilled professions who were experts with managing localisation policies. As a result, the actions from these employers showed the importance for businesses to adapt and tailor their operational objectives to align with localisation initiatives, through meticulous and strategic planning.
  • Some employers found meeting localisation quotas to be difficult and unattainable, as it limited their ability to employ foreign skilled workers, in lieu of local talent who did not possess the necessary skill set to meet their business needs. For example, organisations which participated in the survey noted that due to the restrictions imposed by localisation policies in KSA and Kuwait, they were restricted from recruiting talent internationally, which in turn, created a skilled worker shortage and prevented these companies from being able to compete in local economies. As a result, some companies were unable to meet the requirements to bid for government contracts and projects.
  • Some employers found the rules and regulations published by GCC authorities on localisation policies to be fluid, unclear and difficult to ascertain, as the rules were constantly changing. This was also accompanied by tight deadlines for implementation, thus businesses felt under pressure to meet these regulatory provisions, as they did not want to be penalised financially or risk reputational damages. As such, businesses wanted to avoid administrative penalties such as:
    • The inability to renew or hire new employees due to a suspension from using their company’s portal.
    • The downgrade of the company’s registration category, leading to increased government hiring fees, limited work permit quotas and loss of revenue.

Practical Considerations

There are initiatives which GCC authorities have introduced to help businesses target and retain local talent, whilst also incentivising them. For example, the UAE authorities implemented the Nafis programme to encourage Emirati nationals to apply for jobs in the private sector through a wide range of incentives such as:

  • The introduction of on-the-job training and apprenticeship programmes, targeted at Emirati nationals who have recently graduated from school, university or returning to work after a prolonged break.
  • The introduction of a child allowance scheme which offers financial support to Emirati nationals in the private sector who have children and earn a salary below AED 50,000 per month. Through this initiative, Emirati nationals can return to work and claim a monthly allowance of AED 600 per child.
  • The introduction of an Emirati salary support scheme which has been designed to provide support to Emirati nationals seeking employment in the private sector through training programmes, as well as a top-up contribution scheme for those already employed in the private sector. Through this initiative, eligible Emirati nationals will receive additional financial support to bridge the gap between their current salary and their relevant target salary. To qualify for this top-up contribution, eligible Emirati nationals must be employed full-time in the private sector, earning a monthly salary of up to AED 30,000. It is also important to note that eligible Emirati nationals must not hold any shares in their respective establishments and their salaries must be paid through the Wage Protection System or any other official payment method. Furthermore, they must not receive any salary from any government entity, and they must have an active pension contribution with either the Abu Dhabi Pension Fund (ADPFBF) or the General Pension & Social Security Authority (GPSSA), with pension contributions being paid for the last two months.

Similarly, in KSA, the Ministry of Labor and Social Development (MLSD) has taken significant steps to boost the employment of Saudi nationals in the private sector through strategic initiatives aimed at empowering women to return to the workforce, train Saudi nationals so they can compete in the local market and overall create more job opportunities for Saudi nationals. Some of the initiatives include:

  • The introduction of the ‘Skills Accelerator’ programme which provides training vouchers to Saudi nationals working in the private sector so that they can further enhance their skills and raise their productivity in the workplace.
  • The introduction of the ‘Parallel Training’ programme in collaboration with renowned organisations such as Saudi universities, academies, and training establishments. This initiative was designed to provide practical training to Saudi women, equipping them with the essential skills to advance their career in the private sector.
  • The mandatory disclosure of training data to all establishments employing fifty or more employees. At the end of each calendar year, these establishments are required to disclose data and training activities, such as the number of training hours and related information, as well as the number of trainees who have completed training in categories such as employees, students, graduates, and job seekers. The disclosed training duration should not be less than eight units per trainee per year. Additionally, these establishments must disclose their training plans, data, and reports on training activities, the number of trainees, and the total budget allocated for the following year. The Ministry affirms that this resolution will contribute to an accurate analytical assessment of training indicators in the labor market.

With Saudisation and foreign investment at the forefront of Vision 2030, we have seen the authorities implement unique strategies to incentivise companies to remain in KSA. Most notably through the introduction of the Regional Headquarters (RHQ) programme which was designed to encourage companies to set up their regional operations in KSA and and in return these companies would gain an array of benefits such as:

  • Be exempt from Saudisation requirements for a period of ten years.
  • Be exempt from corporate Income and Withholding Taxes for a period of thirty years.
  • Be awarded unlimited work visa quotas for their RHQ employees.

The expansion of localisation in KSA and UAE has paved the way for other GCC countries to take similar measures and implement comparable initiatives. For example, in Qatar, the Qatar Cabinet recently approved a draft law on the nationalisation of jobs in the private sector, which aligns with the Ministry of Labour’s strategy to boost the number of Qatari nationals employed in the private sector. The proposal has been referred to the Shura Council for their approval and if approved, we can anticipate the implementation of quotas, along with the creation of jobs and training opportunities specifically aimed to benefit the employment of Qatari nationals in the private sector.

Businesses who participate in government programmes and comply with localisation rules and regulations could enhance their company profile and experience benefits such as:

  • Move to the highest category on their company license.
  • Be considered for government tenders.
  • Be a beacon for promoting a diverse and inclusive workforce, whilst also building close relationships with communities.
  • Diversify their recruitment pool and target a wider range of individuals, which does not solely rely on school and university graduates, but also individuals who have taken a career break and are now ready to rejoin the workforce.

Recruitment planning will be important for businesses looking to attract and retain local talent. HR and Global Mobility teams may need to set out the benefits to stakeholders for diversifying their workforce, as well as working with relevant business units to implement a strategy in terms of where local talent is sourced, and how talent can be nurtured to ensure long term retention.

Conclusion

The expansion of localisation policies within the GCC region has sparked significant transformations in the workforce dynamics, recruitment strategies, and operational frameworks of businesses. The findings underscore a mixed landscape, where the majority of businesses have been able to meet localisation quotas, albeit with increased operational costs. Yet, the overwhelming sentiment is one of positivity, with localisation initiatives driving internal programmes and fostering greater opportunities for GCC employees. Navigating these policies hasn’t been without hurdles; employers have had to adapt swiftly to evolving regulations, often facing uncertainties and tight deadlines, while some have encountered difficulties in balancing the recruitment of local talent with the need for specialised skills.

Despite these challenges, there’s a clear recognition among businesses of the necessity to align with localisation objectives. Successful organisations have demonstrated the importance of strategic planning, tailoring their approaches to meet quotas while maximising the potential of local talent. Conversely, those struggling to meet quotas have highlighted the impact on competitiveness and access to government contracts.

The UAE authorities, for example, have introduced supportive initiatives to aid businesses in targeting and retaining local talent, offering incentives such as training programmes and financial support. Participation in these programmes position businesses as advocates for diversity and inclusion, fostering closer ties with communities and expanding their recruitment pools.

As the GCC region continues to evolve, the journey towards effective localisation remains ongoing. It’s a journey marked by collaboration between businesses and authorities. In this evolving landscape, adaptability, strategic planning, and a commitment to fostering local talent will remain essential for businesses to thrive.

It is also crucial for businesses to stay alert and keep up to date with the latest rules and regulations regarding localisation. In this way, businesses can proactively prepare for the future, whilst also effectively navigating the ever-changing landscape of localisation.

Written by:

  • Anir Chatterji, Partner, EMEA Immigration – anir.chatterji@vialto.com
  • Rekha Simpson, Director, Middle East Immigration – rekha.simpson@vialto.com
  • Ali Ibrahim, Director, KSA and Bahrain Immigration – ali.a.ibrahim@vialto.com
  • Nasrine Abdi, Manager, Middle East Immigration – nasrine.abdi@vialto.com

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

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Oman News developments

Oman: New Agricultural City to be Established

  • 14/06/202421/06/2024
  • by Tanya Jain

Oman Daily Observer, 16 June 2024: A new agricultural city is to be established in Saham by the Ministry of Housing and Urban Planning in conjunction with the Oman National Spacial Strategy.

Saham Agricultural City (SAM) will occupy 65 square kilometers. Under its plan 70% of the land will be set aside for agriculture and 30% for urban planning. Both agriculture and civil units will be included in this unique master plan. Fish farming is also expected in the area.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your Free Trial.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Lexis Middle East Law Alert: May/June 2024 Edition News developments

Lexis Middle East Law Alert: May/June 2024 Edition

  • 13/06/202413/06/2024
  • by Tanya Jain

Welcome to the May/June 2024 edition of LME Law Alert, your complimentary source for the latest legal insights and updates in the MENA region. In this edition, we delve into groundbreaking legislation on digital assets in the DIFC, explore the impact of Oman’s new financial services regulator, and provide a comprehensive overview of recent legal developments across the region.

Our expert contributors offer in-depth analyses on a variety of topics, including dispute resolution, tax and finance, and contract management. We also feature an exclusive profile of Suzi Duncan from Novartis, discussing the challenges of working in a rapidly evolving sector.

Stay informed with our meticulously curated content, designed to keep you ahead in the ever-changing legal landscape.

FEATURE: TACKLING THE WINDS OF CHANGE

Dixon Melitt James of Elint AI provides an in-depth analysis of groundbreaking legislation on digital assets issued in the DIFC, exploring its implications for the financial sector.


FEATURE: RULES AND REGULATIONS

Phoebe Lim, Debopam Dutta, Salman Ahmed, and Benjamin O’Brien-McQueenie of Trowers & Hamlins discuss the impact of a new financial services regulator in Oman, detailing the changes and their potential effects on the industry.


IN-HOUSE PROFILE: ALL CHANGES

Suzi Duncan, Senior Legal Counsel for the GCC region at Novartis, shares her experiences working in a rapidly developing sector within fast-moving jurisdictions.


DISPUTE RESOLUTION FOCUS

Waleed Hamad, Head of Litigation, and Myriam Simon, Senior Counsel – Litigation at Al Aidarous, discuss lessons from a significant Federal and Local Judicial Principle Unification Authority ruling on the executive nature of unpaid cheques.


DISPUTE RESOLUTION FOCUS: STRIKING A BALANCE

Waleed Hamad and Myriam Simon of Al Aidarous examine the crucial role of banks in providing financial facilities while maintaining regulatory safeguards for the public interest.


MOVERS AND SHAKERS

Check out our latest round-up of the top movers and shakers from the world of legal appointments and promotions, brought to you by Jameson Legal. Who is been promoted, who is been appointed, and who is moving on?


CONTRACT WATCH: UNFORESEEN EMERGENCIES

Chatura Randeniya of Afridi & Angell offers insights on managing unforeseen emergencies in contractual agreements, providing practical advice for legal practitioners.


Thanks to Al Aidarous for keeping us updated on dispute resolution cases.

Lexis Middle East Law Alert_May/June 2024 Edition

Explore the past editions of the Lexis® Middle East Law Alert and stay up-to-date with the latest news! Click the links below for instant access to older editions.

Lexis Middle East Law Alert January-February 2023
Lexis Middle East Law Alert March-April 2023
Lexis Middle East Law Alert_May June 2023

Lexis Middle East Law Alert_July August 2023

Lexis Middle East Law Alert_January-February 2024

TAX AND FINANCE ROUND-UP

An update on significant tax and finance developments across the region, including changes to the FMT procedure.


LEGAL ROUND-UP

Stay informed with our legal round-up, providing a comprehensive overview of recent developments across the region, with a spotlight on the new jurisdictional conflict law in Dubai.


Want to receive more content? Subscribe to our newsletter here!

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Oman News developments

Oman: Central Bank Joins Gulf Payments System “Aafaq”

  • 07/06/202407/06/2024
  • by Tanya Jain

Al-Bayan, 2 June 2024: Oman’s Central Bank has announced that it is joining the Gulf Payments System ‘Afaq’.

Afaq is operated by the Gulf Payments Company owned by the central banks of the GCC countries for cross-border transfers in local Gulf currencies.

This comes within the framework of the bank’s efforts towards developing cross-border payment systems and adopting the latest technologies in this field in a way that improves efficiency and speed and contributes to reducing costs.

For the full story, click here.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your Free Trial.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Lexis Middle East HR Alert – May 2024 Edition News developments

Lexis Middle East HR Alert – May 2024 Edition

  • 05/06/202405/06/2024
  • by Tanya Jain

Welcome to the May 2024 edition of Lexis Middle East – HR Alert!

Our complimentary publication is your go-to resource for staying informed on the latest Labour and Employment developments in the MENA region. In this edition, we provide a thorough overview of recent HR updates and key cases, alongside valuable insights into regional HR policies and laws. Stay empowered and well-informed with our meticulously curated content designed to keep you ahead in the evolving HR landscape.

This month, we explore how Saudi employers can utilise the Ajeer platform to manage temporary workers. Experts from Dentons and 11KBW discuss the legal risks of off-channel communications. We cover key regional developments, including DIFC immigration rule changes, and present survey findings on localisation trends in the GCC. Our law changes section highlights new insider trading rules from the Qatar Financial Markets Authority, and we analyse a significant case on freelance versus employee status. In our HR profile, Mpho Netshiombo from KPMG Bahrain discusses evolving recruitment strategies. Additionally, we review major HR moves across the region and provide practical advice on managing HR policies during adverse weather.

Stay informed with the latest insights and updates in this edition of Lexis Middle East HR Alert.

This edition features a diverse range of content, including:

Feature: Temporary Positions

Sara Khoja, Sarit Thomas, and Faisal Alassiri of Clyde & Co provide a comprehensive guide on leveraging the Ajeer Platform. They explain how this tool helps Saudi employers manage temporary workers more effectively and in compliance with regulations.


Trend Setter – Off-Channel Communications

Shiraz Sethi, Regional Head of Employment at Dentons, along with barristers Amy Rogers KC and Tom Ogg of 11KBW, discuss the increasing legal risks posed by off-channel social messaging. They offer insights into how employers can mitigate these risks.


News Round-up: Covering Recent Key Developments – Region-Wide

Stay abreast of recent developments, including employment-related matters, highlighting notable changes in Kuwait’s approach to part-time working.


Immigration Focus: Survey – Localisation Trends

This section highlights the findings of a recent survey conducted by Vialto Partners and Lexis Middle East. It provides key insights into localisation policies and trends in the GCC.


Case Focus

An analysis of a pivotal case that addresses the distinctions between freelance and employee status, offering critical insights for HR professionals navigating these classifications.


Law Changes: New and Proposed MENA Laws

Highlighting significant legal modifications across the MENA region. Reeda Halawi of Sultan Al–Abdulla & Partners examines the new insider trading rules introduced by the Qatar Financial Markets Authority through Decision No. 2/2024, explaining their implications for businesses.


Case Focus

A specific case, Miskofi v Milbart, in the Dubai International Financial Centre (DIFC) Small Claims Tribunal is examined, showcasing how discrimination and victimisation cases are handled, recommended by Ayesha Karim.


Enrich your understanding of the HR landscape and stay up-to-date with the latest trends, cases, and policies through the newest issue of Lexis Middle East – HR Alert.


For all the latest industry updates and developments, opt for a free HR Alert subscription!

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Lexis Middle East HR Alert_May 2024

Have you read the Lexis® Middle East HR Alert – previous 2023 editions? Click the links below to access and read these editions.

LexisNexis Middle East HR Alert_January 2023
LexisNexis-Middle-East-HR-Alert_March-2023

LexisNexis Middle East HR Alert_May 2023 Edition
Lexis Middle East HR Alert – August 2023 Edition

Moves and Changes

A summary of significant HR movements and changes across the region, highlighting notable appointments and transitions within major organisations.


Policy Pointers: Adverse Weather

Sarah Malik from SOL International Ltd offers practical advice on managing HR policies related to adverse weather conditions. She emphasises the importance of preparedness and compliance to mitigate the impact on businesses.


HR Profile: Recruitment in an Evolving Market

Mpho Netshiombo, Head of People, Performance, and Culture at KPMG Bahrain, discusses how recent legal and market changes have impacted recruitment strategies. He shares his approach to talent development, management, and engagement in this evolving landscape.


Oman News developments

Oman: Company Transformation Incentives

  • 31/05/202431/05/2024
  • by Tanya Jain

Shabiba, 28 May 2024: The Sultan has issued directives on an incentive programme which would provide a number of benefits designed to encourage companies which wished to convert to public joint-stock companies and list on the capital markets

This would see the establishment of a sub-market in the Muscat Securities Market called the “Promising Companies Market” which would target private, family-owned, small, medium and start-up companies. There would also be an initiative for limited liability companies that wished to convert into closed joint-stock companies by offering a package of incentives.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your Free Trial.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Oman News developments

Oman: Regulations Amended to Support Liquidity Fund

  • 23/05/202423/05/2024
  • by Tanya Jain

Shabiba, 16 May 2024: The Muscat Stock Exchange has celebrated by ringing the bell for the inauguration of a “Liquidity Development Fund”.

The fund aims to improve the liquidity of shares of companies listed on the stock exchange.

The launch of the fund aligns with the ongoing developments in the Omani capital markets, which include the announcement of several new IPOs and the introduction of regulations governing market-making operations.

The Muscat Stock Exchange is intensifying its marketing efforts with regional campaigns and incentive initiatives.

This involves making significant changes to certain regulatory requirements for capital markets, especially regarding taxes on distributed profits. For the full story, click here.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your Free Trial.

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Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Oman News developments

Oman: Draft Media Law Discussed With Information Ministry

  • 17/05/202417/05/2024
  • by Tanya Jain

The State Council, in collaboration with the Information Ministry, has discussed the draft version of the new media law.

The draft media law aims to include updates and recent developments since the last issuance of media regulations.

It is designed to serve as comprehensive legislation governing the media sector in Oman.

Discussions have also included, the potential impact of the draft law on the media industry, its role in improving Oman’s international ranking in terms of freedom of expression, and the regulation of procedures for licensing media-related activities.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your Free Trial.

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Oman News developments

Oman: Amendments to Oman Sultani Decree No. 30/2008

  • 10/05/202410/05/2024
  • by Tanya Jain

Roya, 2 May 2024: The National Committee for Family Affairs has approved amendments to Oman Sultani Decree No. 30/2008 the law on juvenile accountability, along with amending some provisions agreed upon by the participating parties.

The committee has also addressed matters on educational disruptions and approved the social responsibility program of the Omani Football Association, particularly in regard to child protection.

Additionally, it has reviewed programs offered to families and children by the Culture, Sports, and Youth Ministry for the upcoming summer period.

for the full story, click here.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your Free Trial.

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Oman News developments

Oman: Consumer Regulator Launches Inspection Drive

  • 03/05/202403/05/2024
  • by Tanya Jain

Oman Observer, 25 April 2024: The Omani Consumer Protection Authority (CPA) has launched an inspection campaign in the Governorate of Muscat.

This campaign involves using electronic technical connections being used by field inspection teams, and surprise visits to different sectors, such as vehicle repair workshops, those providing spare parts, vehicle oils and tires, and air filters. In addition, the aluminum sector, blacksmiths, carpenters, kitchens, the electrical and electronic appliances sector, building materials sectors, restaurants, cafes, and meat shops will also be targeted.

The campaign aims to ensure that commercial centres and shops are comply with the Consumer Protection Law Oman Sultani Decree No. 66/2014, and aims to reduce the number of complaints and save time and effort for all parties involved.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your Free Trial.

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