Tuesday, September 29, 2015

New UAE Labour Law For Terminating Employees, New Contracts

Law to be enforced in 2016; Aims to regulate relations between employers and workers

The UAE intends to enforce a new labour law at the start of 2016 to better regulate the relationship between employers and workers and curb violations to ensure both parties will get their rights.

The new law includes three main rules governing labour contracts for workers from abroad, terminating contracts between the employers and workers and the issuance of a new work permit to a resident worker.

“These rules will take the labour market to a new stage based on a strong and balanced relationship between all parties and on agreement and transparency in contracting to guarantee the rights of all parties,” Labour Minister Saqr Gobash said.

The first rule in the law, published by the Dubai-based Arabic language daily ‘Emarat Al Youm’, requires the employer to issue a “clear and detailed” contract for the foreign workers to be brought from abroad, including all duties and rights for the two parties, job terms and other requirements in a language understood by the worker.

The contract must be signed by the worker before it is submitted to the labour ministry for the issuance of a work permit, which must not be altered at any stage.

“The same measures apply to workers who reside in the UAE. In this case, the employer must also get the worker’s signature,” it said.

Growth Of Internet Is Also a Reason Of Growth In Business

Contract Termination

The second rule, which governs contract termination, includes an agreement by the employer and the worker to end their two-year contract.

Another case includes a decision by the employer to terminate the contract before it expires.
In this case, the employer must give at least one month notice to the worker and pay the worker all dues during that period.

“The notice period must also not exceed three months and must be agreed by both parties,” it said.

The new rule also governs cases in which the employer or the worker terminates the contract without abiding by the legal procedures.

Another case involves a decision by the employer to terminate the worker’s services for committing offences including assaulting or insulting the employer.

Regarding unspecified contracts, the employer seeking to terminate a worker’s contract must also give a notice of not less than one month and not exceeding three months.

“In all contract termination cases, any party has the right to go to court to seek compensation and any other rights,” it said.

Under the new rule, the work contract is considered null if the employer is found to have violated the law including failure to pay the worker for two months.

In case a worker could not start his job because of the closure of the company, the labour ministry will send inspectors to check the company’s status before issuing a decision within two months.

As for cases considered by the labour court at the ministry, it will issue a final decision forcing the employer to pay the worker two months’ salary or to compensate him for service termination or depriving workers from end of service benefits.

New job contracts

The new rules also cover new job contracts to workers whose contracts have expired or terminated by an agreement between the employer and the worker provided the worker has completed at last six months with his employer.

According to ‘Emarat Al Youm’, the new law specified three cases involving termination of work contracts.

They include agreement by both parties provided the worker has spent at least six months with the employer, Termination of the contract by either party for some reason, and termination of the contract by the employer without reason.

The new law allows the issuance of a new work permit in cases where the employer is found to have violated his commitments, including failure to pay workers for two months, a complaint by the worker that he is not able to start his job because of the company’s closure, and a labour dispute at the ministry’s court.

Ministerial decisions 764, 765 and 766 aim to improve labour relations based on sponsorship.

Disclaimer : Following article come from Emirates 24/7

Sunday, September 27, 2015

Saudia Is About To Implementing New Labour Law.

Onwards 8th of October, Under the amended labour law, private sector employees are prohibited from working more than 12 hours a day.

Saudi Arabia has announced that amendments made to its labour law will be enforced from October 8.

Under the new rules, the total number of hours a private sector employee can be required to work has now increased from 11 to 12 per day.

However, employers have been strictly prohibited from making staff work longer than 12 hours. They are also required to provide a break of 30 minutes every five hours to pray, eat and rest.

Employers with 50 or more staff are also required to provide annual training to Saudi employees constituting at least 12 per cent of the total workforce. That includes those who are studying and where the employer is paying their study fees.

The labour ministry has also stated the probationary period can be increased from the current 90 days to 180 days, subject to the employee’s consent.

Under the new rules, an employer also cannot transfer an employee to another location if this requires them to move house, without obtaining the employee’s prior written consent.

The labour ministry has also stated that any worker who works on a daily basis should collect his wages once a week. Freelancers working for at least two weeks should get part of their wages at the beginning of the work week and the remaining money when the work is completed.

Wages will also be required to be paid into employee’s bank accounts via approved banks.

The amendments also state that a female Muslim employee will now have increased paid compassionate if her spouse dies – from 15 days to four months and 10 days.

The amendments, first published in April 2015, are aimed at encouraging the employment of Saudi nationals in the private sector, law firm DLA Piper said in a recent report.

The kingdom has been struggling to increase private sector employment in the country with jobless rate standing at between 11- 12 per cent.

It has also introduced measured measures such as the Nitaqat system, which makes it mandatory for private sector companies to hire a minimum percentage of Saudi nationals.

Disclaimer :- Following article come from Gulf Business

Monday, September 21, 2015

Increment In Visa Fees After Eid Al-Adha

‘Good news’ for Syrians after Eid – Visa fees increases to go ahead: Sheikh Mazen

KUWAIT: Interior Ministry Assistant Undersecretary for Nationality and Residency Affairs Major General Sheikh Mazen Al-Jarrah Al-Sabah said Syrians who are in violation of the residency law because of the expiration of their passports should expect ‘happy news’ after Eid Al-Adha in the form of measures to be done in agreement between Gulf Cooperation Council (GCC) countries. “There will not be a grace period to allow residency violators to adjust their status, and those who did not benefit from previous periods will be deported, as experience showed that there is no use of giving grace periods,” he added.

Meanwhile, Sheikh Mazen said that fee increases for residencies, visas, renewal and transfers will go ahead, especially since current fees are very low. He added that discussions are ongoing with Social Affairs and Labor Minister Hind Al-Subaih and the Manpower Public Authority to find a solution for absconding complaints, especially malicious ones, as well as taking measures to reduce the number of expatriates whose numbers are now 3.2 million.

Truth Is Hard But Always Worthy

E-media law
MP Ahmad Al-Qudhaibi warned against the danger of the government’s proposal on electronic media, saying the proposal in its current form does not serve the idea of electronic journalism as much as it restricts the freedom of establishing websites or social media accounts. Qudhaibi said electronic media is the future of information and both executive and legislative authorities are required to introduce legislations that contribute to the success of Kuwait’s electronic media, and side with young journalists to remove obstacles in their way.

Subsidies committee
Oil Minister and State Minister for National Assembly Affairs Ali Al-Omair said the subsidies committee will submit a report to the Supreme Council for Planning and Development. Meanwhile, oil expert Kamel Al-Harmy said “oil markets have not seen any actual production increase from Iran and Iraq.” He said oil Gulf countries and OPEC will increase investments in producing oil because of the drop in prices, and oil services costs will drop because more than 300,000 employees have been laid off around the world.

Health insurance
The health insurance law will once again be postponed because of problems with insurance companies, although the health ministry said it was to implement it in August. It later stated that it will enforce the law sometime this month. Sources said there are some lingering issues between insurance companies and the health ministry involving the mechanism of implementing the law, prices and medical services that should be provided, in addition to how to cover people under insurance.

Low-cost homes

Director of Private Sector Projects Management Department at the Public Authority for Housing Welfare Awar Al-Haleela expected that Sulaibiya and Taima residents may be relocated to a low cost project in 2021. He said 65% of the economic feasibility study is complete on low-cost houses over an area of 815 acres.

News service fined
The misdemeanors court fined a news service KD 100 and sent the case to the civil court after insulting a citizen who serves as managing director at Kuwait Petroleum Corporation (KPC). Lawyer Mohammad Abbas, who represents the plaintiff, filed a complaint against a news service for publishing insulting news about his client. The lawyer said he will go for a civil case and demand KD 20,000 in damages for his client, whose reputation was harmed.

Thursday, September 17, 2015

Gulf construction firms continue to hire, despite oil slump

CEOs and senior executives from leading construction firms in the Gulf debated key employment challenges facing the industry in an event hosted by GulfTalent

Recruitment is less intense, but remains robust. Finding the right talent continues to be a challenge in some Gulf countries

Construction companies across the Gulf region continue to seek talent for their projects, according to a panel of company directors from the construction sector who spoke at a leading industry event held in Dubai yesterday.

The event was organised by GulfTalent in Dubai. It was attended by over 50 delegates, including CEOs, Human Resource Directors and other senior executives from the region’s largest construction companies and related advisory firms. The discussion panel consisted of senior executives from Amana Contracting, ARCADIS EC Harris, Laing O’Rourke, Al Tamimi & Company, as well as GulfTalent.

The panel found that, with public sector spending under pressure from lower oil prices, award of new construction projects had slowed down. However, previously awarded projects were continuing without impact. As a result, the sector is facing a continued need for skilled staff across most roles and specialisations, albeit at a more moderate pace than a year ago.

UAE most attractive market for talent

According to the panel, the UAE remains the easiest market for hiring expatriate talent, while Saudi Arabia is the most challenging. One panel member reported having to decline lucrative projects in Saudi Arabia, due to not having sufficient staff. As a result, construction professionals are offered the region’s highest salaries in Saudi Arabia.

The Middle East region, as a whole, remains an attractive destination for construction professionals globally, according to the panel, especially in the context of a slowdown in Asia and other emerging markets. For employers targeting this pool, the rising cost of living in the region, especially housing and school fees, is a concern, exacerbated by recent cuts in subsidies. Media coverage of armed conflict in parts of the region had heightened perceptions of regional risk among some potential candidates, some employers reported, although overall interest in the region remained strong.

Visa restrictions

Several employers present reported facing challenges in filling their vacancies due to restrictions on employment of certain nationalities in parts of the Gulf region. While over the long run, they could switch to alternative sources of talent, they found it particularly challenging when such policy changes were introduced at short notice. One speaker described the challenge of adapting to changing visa legislation as 'following a moving target'.

Attracting Gulf nationals

On the subject of attracting local talent, firms faced the biggest challenge in Saudi Arabia and Oman, where nationalisation targets are higher and are most rigorously enforced. Panelists cited an ‘inaccurate’ image of the construction sector among nationals as a key obstacle to attracting them, on top of the general shortage of skilled nationals in the engineering domain. One speaker mentioned that “For many young people, their image of a career in construction is someone pouring concrete on a hot day, whereas in reality our roles are much more diverse. The private sector, the industry associations and the governments all need to work together to change such perceptions”.

The panel also complained that the region’s construction sector was not investing sufficiently in the development of young talent. This was driven in part by the extreme competitiveness of the market and high price-sensitivity of clients. The 'project-based' nature of the construction business in the region made it even harder to plan for the long term and invest in developing talent over many years. As a result, graduate programmes were far less prevalent in the Gulf than in other parts of the world. Instead, many construction firms rely heavily on rapid hiring of experienced staff on a ‘just-in-time’ basis when they win projects, and trimming down staff numbers quickly when projects come to an end.

The event was part of GulfTalent’s Business Leaders Forum series, where the region’s senior business leaders gather to discuss employment issues affecting their industry.

Disclaimer :- Following Article Come From GulfTalent

Monday, September 14, 2015

Zubair SEC Hosts Workshop On Labour Law

Muscat  14/9/2015 - Zubair Small Enterprises Centre hosted a new ‘Tajribati’ discussion session in continuation of a series of sessions that were launched last Ramadan bringing together a group of Zubair SEC members and a number of experts from various public and private institutions having a rich work experience in the field of entrepreneurship.

Also many owners of small and medium enterprises participated in these sessions from outside the centre. The continuation of these informative meeting sessions was due to its success and positive impact on the participants in leading entrepreneurial small businesses.

The discussion session concentrated on one of the most important topics concerning entrepreneurs and small business owners, which is the Omani Labour Law. The title of this Tajribati meeting session was ‘My Experience with Labour Laws in Oman’, hosting a group of speakers from institutions relevant to small and medium enterprises. Guest speakers included Eng Sheikha al Bulushi, assistant director-general, Department of Development and Performance Evaluation, Ministry of Manpower, and Khalifa Marhoon al Rahbi, legal counsel and lawyer at Khalifa bin Marhoon al Rahbi office.

The subject of the Tajribati discussion session was crucial and led to an intensive dialogue right from the start. The speakers and attendees exchanged valuable information through a highly transparent and constructive interaction. The audience raised many questions to which the speakers responded in a way allowing for a clear illustration to the entrepreneurs on the right mechanisms on applying the laws governing their businesses.

Some attendees expressed a number of difficulties in dealing with the labour laws, particularly those concerning Omanisation for small enterprises.

All speakers were well experienced in the field of small projects, whether in practice or supervision, which added much value to the discussion. The audience raised a question on retaining staff after getting trained in the business.

The common understanding is that most small businesses find it difficult to maintain staff due to the fact that they constantly desire to look for a better place and there is no law to protect business owners after having trained the employee or to obligate the employee to work for a specific period of time after having been trained and qualified at the expense of the concerned establishment.

Rahbi said, "The nature of this Tajribati session was very enriching and the participation of entrepreneurs with ideas and aspirations in relation to the labour laws were very important in motivating the renewal and development of the laws with the concerned authorities accordingly.

“There are consistent endeavours to revise the laws relating to the small and medium enterprises sector to allow a proper environment for their contribution in the national economy through multiple activities ensuring its success and continuity."

Saturday, September 12, 2015

Qatar Changes In Kafala (Sponsorship) System

DOHA: The much-awaited changes to Qatar's kafala system would come into force only a year after the new sponsorship law is passed and published in the official gazette.

The law, which would replace the current sponsorship system, is likely to be issued by the year-end as its draft was yesterday referred by the Cabinet to higher-ups for final approval and issuance.

Like all laws, it is to be published in the official gazette.

According to Famous Lawyer Yusuf Al Zaman, the draft law indicates that it is to be put into force only a year after its publication in the official gazette,

The reason for the time to be allowed for the law's enforcement is to ensure that a conducive social and economic environment is created in the country and administrative and executive agencies are ready for applying the new system.

That would also give the private companies covered by the labour law enough time to correct their situation to be able to comply with the changes, Al Zaman said.

Your Puzzle + Our Idea = Solution 

He told The Peninsula yesterday that for the first time in more than 50 years, in the new law being introduced, terms like 'sponsor' (kafeel), 'sponsorship' (kafala), 'exit permit' (tashera al khurooj) will not be used, as the sponsorship law which has those terms was enforced in 1963.

They would be replaced by newer ones like 'employer', 'employee' or 'expat worker' as the new law would regulate the relationship of foreign worker with his employer based on job contract they mutually agree to sign.

The draft does away with the exit permit system but the Advisory Council has recommended that expatriates leaving the country must inform their employers at least three days in advance, said Al Zaman.

The employer would, though, have no right to object and stop the worker from travelling overseas. If at all, that right will be exercised only by the public prosecution, the courts or any other competent legal authority, said the lawyer. And that right would be exercised only if there is a lawsuit against an expat worker or any other legal issue.

In those circumstance also an order to prevent a worker from travelling abroad must be issued by public prosecution or a court or any other legal authority, said Al Zaman. By introducing the new law, he said, Qatar would, thus, be fulfilling its promise of changing its sponsorship system.

"I understand from what the Minister of Labor and Social Affairs and other senior government officials have been saying that the law should be out by the end of this year," said Al Zaman when asked how soon he thought the new legislation could be expected.

Disclaimer :- Following  article come from Zawya

Wednesday, September 9, 2015

Bahrain Labor Inspection Staff Efforts Praised

Manama, Sep 3 (BNA): Labour Minister Jameel bin Mohammed Ali Humaidan has opened the new offices of the Labour Inspection Department at the Labour Ministry.

The minister stressed that the role of the Labor Inspection Department is no longer confined to monitoring and following up the application of labour law at the private sector, but it has expanded to contribute to support the objectives of the Labour Ministry to include the employment of job-seekers, which is the ministry's top priority. It will also participate in the dialogue among production parties, follow-up the improvement of work environment and employment wages and incentives with the aim of stimulating private enterprises to secure the national labour job stability.

Work For Dream

He said that the labour inspection staff have executed 5128 visits to private sector companies and institutions during the first half of 2015, which have contributed to hiring 511 citizens in various productive sectors.

He praised the inspection staff's sincerity to their work and assuming various responsibilities, and their efforts to support the production process, which establishes the stability and development of the labor market and preserving workers' rights, consequently consolidating Bahrain's international reputation. 

Disclaimer : Following article come from BNA

Monday, September 7, 2015

Labor Law Changes By Oct. 18 (Saudi Arabia)

Jeddah :

The Ministry of Labor plans to make several changes to the country's laws by Oct. 18, which include tougher penalties for violators.

Team Leads To Better Success


Fines would range between SR1,000 and SR10,000, and include temporary or permanent closure of firms failing to comply, said Abdullah Abu Thunain, deputy minister of labor for inspections and workplace development, a local publication reported.

Speaking at a workshop organized by the Eastern Province Chamber of Commerce and Industry on Monday, he said the amendments give the ministry powers to prevent a company from renewing permits for its workers if it fails to meet Saudization targets.

He said the ministry's inspectors have conducted 124,892 visits and identified over 34,000 violations at several companies recently. These include 3,337 violations of Article 39, 4,479 violations related to hiring of women workers, and 1,362 in connection with firms forcing laborers to work out in the sun at midday.

In line with these violations, he said 10 companies have had their accounts closed, and 678 cases have been submitted to the Saudization Committee, with fines of over SR31 million issued.

According to Abu Thunain, the department is facing some challenges, including the growth in the number of companies and their diverse geographic locations. The ministry also had poor communication with come companies and lack of coordination and cooperation from others.

He said the Wage Protection System aims to monitor payment of salaries for all employees in the private sector, and detect violations. They can also examine the machines used by workers to ensure their safety.

Investigators have the right to enter the premises of any company during working hours after showing their official identity cards. They also have the power to look at any document or work-related file but cannot take a copy of it.

Disclaimer : Following article came from Zawya News