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UAE News developments

Dubai: Decree On Emirates International Accreditation Centre Issued

  • 28/06/202428/06/2024
  • by Hannah Gutang

Al-Bayan, 21 June 2024: Dubai has issued Dubai Decree No. 39/2024 regarding the formation of the Board of Directors of the Dubai Women Establishment.

This decree shall take effect immediately upon its issuance and will be published in the Official Gazette.

It was noted that the diverse experiences and professional backgrounds of the Board of Directors members will enhance the Establishment’s efforts to empower women and increase their participation across various sectors, including the economy, creativity, sustainability, entrepreneurship, and supporting their societal roles.

This aligns with the goals and priorities outlined in the organisation’s strategic plan.

The organisation aims to establish Dubai as a globally recognised model for women-friendly cities, in line with the visionary and proactive leadership.

For the full story, click here.

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UAE: New Labour Regulations Approved News developments

UAE (Ajman): To Launch Building Classification Tool Starting 1 July 2024

  • 28/06/202428/06/2024
  • by Hannah Gutang

Khaleej Times, 24 June 2024: The Land and Real Estate Regulation Department will launch the building classification process in Ajman, starting 1 July 2024.

The process will include examining buildings and real estate facilities’ compliance with standards and regulations, and will continue over a period of three months.

The Director General of the Department, has affirmed that the criteria to classify buildings, according to international standards and specifications, are ready.

An integrated electronic programme has been developed to classify the buildings and display results directly, and transparently, after the field visits.

This classification will ensure quality of services, and facilitate investors regarding their investment decisions and options related to renting or purchasing any property in the emirate of Ajman.

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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

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

UAE: Issues Federal Decrees Forming Council For Fatwa News developments

UAE: Issues Federal Decrees Forming Council For Fatwa

  • 21/06/202421/06/2024
  • by Tanya Jain

Khaleej Times, 19 June 2024: The President of the UAE has issued two federal decrees forming the UAE Council for Fatwa and appointing its Chairman with the rank of Minister.

The UAE Council for Fatwa serves as the official authority for issuing fatwas in the UAE, aiming to unify efforts, visions, and objectives to develop approaches, policies, and legislation related to fatwas.

The council is responsible for issuing general, urgent, and new fatwas on various matters, conducting studies and research in various fields of fatwas, providing legal opinions on relevant legislation, licensing the practice of issuing fatwas, and training and developing the skills of muftis.

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UAE: New Labour Regulations Approved News developments

UAE (Ras Al Khaimah): New Private School Regulator

  • 20/06/202420/06/2024
  • by Tanya Jain

Khaleej Times, 14 June 2024: It has been announced private schools in Ras Al Khaimah will be regulated by a new government entity

The Ministry of Education (MoE) will be “gradually delegating the powers” to oversee the private education sector in Ras al Khaimah to the Ras Al Khaimah Department of Knowledge (Rakdok). The transition is expected to happen in a number of phases and will be completed by the end of the year.

Rakdok consists have four main departments which will cover Institutional licensing and compliance for educational institutions; operations management and customer relations; quality management and evaluation and strategies and policies.

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UAE: Abortion Regulations Announced News developments

UAE: Abortion Regulations Announced

  • 14/06/202414/06/2024
  • by Tanya Jain

Al-Bayan, 8 June 2024: The Ministry of Health and Community Protection has announced the procedures and controls related to cases in which abortion is permitted, with the aim of preserving the life and health of pregnant women and enhancing oversight of health facilities operating in the country.

The Ministry has explained that the procedures and cases in which abortion is permitted have been regulated by several rules.

These rules state that abortion requests are studied and decided upon by a committee formed within each health authority, as per the decision of the Minister or the head of the respective health authority.

The committee must include three members, a specialist in obstetrics and gynecology, a doctor specialising in psychiatry, and a representative from the Public Prosecution.

The committee may seek the assistance of whomever it deems appropriate with expertise and experience.

The Ministry has explained that an abortion may be performed if the continuation of the pregnancy poses a threat to the pregnant woman’s life and there is no other way to save her life.

Additionally, an abortion may be performed if the fetus is proven to have a serious deformity that would affect its health and life after birth, but this requires a medical report issued by a committee as proof.

For the full story, click here.

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UAE News developments

Dubai: RTA Cracks Down On Violators Of Right-Of-Way Rules

  • 14/06/202414/06/2024
  • by Tanya Jain

Khaleej Times, 11 June 2024: The Roads and Transport Authority (RTA) in Dubai has conducted an extensive inspection campaign on 698 developer sites and free zones across the Emirate.

The campaign’s main objective was to monitor the occupation of the right-of-way, ensure compliance with regulations, and guarantee the safety of road users and compliance to standards in development and free zones.

The campaign, which began at the start of the year, included inspections of all free zones and 57 development areas managed by 24 developers in Dubai.

Through this intensive inspection campaign, RTA aims to maintain Dubai’s civilised and aesthetic appearance and ensure the sustainability of the operational condition of roads, facilities, and pavements in development and free zones.

The campaign’s main focus was to ensure pedestrians’ smooth movement and safety using the right-of-way and to prevent obstacles impacting motorists in these areas.

The Director of Right-Of-Way at the Traffic and Roads Agency of RTA has stated that RTA carries out inspection visits and campaigns as part of an annual plan and in response to public complaints and feedback.

These campaigns are required by Dubai Law No. 4/2021, which governs road regulations in Dubai.

The inspection teams focused on monitoring abandoned barriers and construction waste at developers’ sites where applicable.

They also checked the conformity of existing project fences to approved specifications, the readiness of pedestrian walkways and crossings, and auditing billboards within developers’ areas.

Additionally, they addressed issues such as random parking of scooters within the right-of-way, illegal use of the right-of-way for refuelling vehicles, greenery that affects the safety of road users, placing groundwater equipment on the right-of-way, and detecting damage on roads and facilities caused by rainwater.

The RTA has also urged development entities and free zones to follow the rules and conditions for using the right-of-way and comply with Dubai’s standards and specifications to ensure the safety of road users and smooth traffic flow in the Emirate.

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Abu Dhabi: Digital Assets Agreement Signed News developments

Abu Dhabi: Digital Assets Agreement Signed

  • 14/06/202414/06/2024
  • by Tanya Jain

The Abu Dhabi Global Market Financial Services Regulatory Authority and the Bermuda Monetary Authority have announced the signing of an agreement on digital assets.

The agreement establishes a framework for cooperation between the two authorities to support the establishment of digital asset companies under their supervision and ensure effective oversight.

This framework includes cooperation in regulatory areas, oversight mechanisms, assistance in investigations, and capacity-building initiatives.

The CEO of the Bermuda Monetary Authority has stated that the agreement with the Abu Dhabi Global Market Financial Services Regulatory Authority represents an important step towards strengthening ties between our regulatory authorities.

It supports innovation, develops capabilities and resources through international cooperation, enhances market stability, and enriches expertise to meet the evolving needs of the digital assets sector.

For the full story, click here.

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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.


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

UAE: Introduces Reduced Tariff for Energy Consumption For Industrial Companies News developments

UAE: Introduces Reduced Tariff for Energy Consumption For Industrial Companies

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

Emaratalyoum, 30 May 2024: The Federal Electricity and Water Authority has announced its latest initiative supporting industrial growth in the country, aimed at industrial companies and their services in the Northern Emirates.

This initiative involves launching a reduced tariff for energy consumption to enhance the competitiveness of industrial companies, in cooperation with the Industry and Advanced Technology Ministry and the Energy and Infrastructure Ministry.

The Undersecretary of the Ministry of Industry and Advanced Technology, has affirmed the ministry’s cooperation with partners to enhance incentives supporting industrial companies’ growth and competitiveness, aligning with the ‘Make it in the Emirates’ initiative.

The new tariff, applicable to industrial companies consuming over 10,000 megawatt-hours monthly, ranges from 32 to 26 fils per kilowatt-hour.

Additional incentives include flexible installation and grid connection fees, exemption from insurance fees, and no additional meter usage fees.

The CEO of the Federal Electricity and Water Authority, has emphasised the initiative’s role in shaping the energy sector as a driver for industrial and technological growth, facilitated by the partnership between relevant ministries and the authority.

For the full story, click here.

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