#labor law uae

[gulfhrms]

Amounts of allowance for transport is a crucial element of the compensation system that is available to employees working in the UAE specifically for employees who have to travel daily to get there. According to UAE laws governing labor, transport allowances are designed to cover the costs related to commutes to ensure employees don't feel overwhelmed over their transportation costs. In a world where the efficiency and effectiveness of management is crucial in a competitive market, having the appropriate employee management program or the right workforce management software helps employers manage allowances in a smooth and efficient manner. This article focuses on the complexities of the travel allowances that are outlined by UAE labor law and the best way to determine the eligibility criteria, obligations of employers and their impact on satisfaction among employees.

[yesexperts]

Why Arabic Language Training UAE is Crucial for Expats and Professionals

The UAE is a dynamic hub where East meets West, blending modernity with rich cultural traditions. As the country grows in its global importance, so does the necessity of learning Arabic. If you're an expat or professional residing in the UAE, mastering the local language offers numerous benefits. Arabic language training UAE programs are increasingly popular among individuals and businesses alike, helping learners bridge communication gaps and open doors to new opportunities.

[opspayroll]

The UAE labour law is for people working in the private sector of The United Arab Emirates. It was originally set out by the Ministry of Labour in 1980 under Federal Law No. 8.

If you have a company or employees in the UAE, it is imperative that you understand the labour laws that govern employment.

Some areas of Dubai such as Dubai International Financial Centre (DIFC)as well as some of the Free Zones such as Jebel Ali Free Zone have their own particular laws and regulations, and do not fall under the UAE Labour Law mandate.

Visit the full blog to read more.

[nashwauae]

How to Check Labor Card Status

This article will be your one-stop guide, unpacking everything you need to know about this essential document. #UAELaborCard #UAEWorkPermit #MOHREapp #ExpatLifeUAE #WorkSmartUAE

The United Arab Emirates (UAE) boasts a thriving job market, attracting professionals from across the globe. But before you can take advantage of exciting opportunities in Dubai, Abu Dhabi, or any other Emirate, there’s a crucial step: obtaining a UAE labor card. This article will be your one-stop guide, unpacking everything you need to know about this essential document. We’ll delve into the…

[dubaifuture]

Labour Contract in UAE: All you need to know

If you are planning to move to the UAE and obtain a labour contract UAE, then you first need to understand the legislation of Labour Law. The Ministry of Human Resources and Emiratisation (MOHRE) has a pivotal role in maintaining a healthy and secure working environment within the UAE. It issues work permits to employees across various sectors and ensures that labor regulations are duly followed and the rights of the workers are protected. This contributes to the overall safety and well-being of the employees. The consultants of Shuraa Business Setup will provide you with the full guide to the Mohre Labour Contract.

[hrblusky]

UAE Labor Law End of Service Benefits and Gratuity Pay Calculation 

Is it done if UAE just attracts international talents? Going a step ahead, UAE knows that it is accountable in ratifying the conventions to protect the labor rights for the domestic as well as the international workers. Through the highly beneficial policies and programmer, UAE seeks to implement the utmost transparency and balance between the Emiratis and foreign talents. Many advanced and integrated legislations approved the change of jobs and in terminating the contracts. The Ministry of Human Resource and Emiratization is committed in guaranteeing the security of the workforce. Hence, this Ministry has launched a series of initiatives in promoting the welfare of the workers in the country. In addition to this, this department takes initiatives in standardizing the labor markets by creating transparency for both employers and the workers. 

As per the UAE labor law, all the employees who have completed their employment contract are qualified to receive end-of-service benefits also known as gratuity. Gratuity of any person employed in UAE majorly depends on the following factors 

Contract type 

Basic salary pays 

Total number of years served 

Reason behind the termination 

Standard Employment Contract in UAE 

According to the Ministerial Decree (764) of 2015, implementation of the ministry of labor's released standard employment contracts. Listed below are the major elements for any labor contract signed with the registered employers of UAE. 

Employment contract forms shall be adopted only when the expatriate singed the employment offer 

The standard employment contract shall be submitted to the Ministry of Human Resources and Emiratization 

No new clause should get added to the standard contract referred to, unless they are consistent and compliant with other clauses of the standard contract and are approved by the ministry 

Various Employment Contracts in the Private Sector 

According to the UAE labor law, an employee staying with the company depends on the type of agreement. Time of resignation in your service period may impact employee’s gratuity pay. Under the Labour Law No. 8 of 1980, UAE offers two types of employment contracts. Limited or fixed term contract and unlimited term contract. The difference between these two contracts lies in the period of service termination and provision of the end of service benefits. In recent times, by 2018, UAE implemented the part time contract system. 

Fixed term contract (Limited): As a rule of thumb, limited term contracts will have the service begin date and service end date, as a standard employment period. If this contract is not renewed, the contract tends to be cancelled automatically. Many employers hire such employees for a specific project for a specific duration. In UAE, limited contracts have a maximum duration of 4 years. Issued contracts should always have notice for termination. 

Unlimited term contract: This is the most used contract in UAE. The unlimited term of contract is open-ended with more flexibility in its nature. These kinds of contracts can be terminated with mutual consent or through issuing a notice period between one to three months. Both the parties involved in the contract should always stand by their obligations throughout the notice. The term of employment relation deemed to have ended without due process by termination either by the employer or the employee, which can be done without complying with the legal procedures. Any wronged party may initiate legal action and compensation. 

Part-time contract: The Ministry of Human Resource and Emiratization (MoHRE) implemented a new rule, which allowed the entities to recruit employees under the multi-employer contract. This contract is subjected only to skilled workers from inside the country and abroad. Under this contract, the employees can abide by one or more companies and there is no necessity to acquire the original from either of the companies. Several jobs can be taken at a time but should be obligated to take permits from the Ministry of Human Resource and Emiratization. This contract should be subject to the common rules of the other two regular contracts mentioned above. This contract cannot be converted into a regular contract until the end of the part-time employment contract. 

End of Service Benefits 

If the employee served at least one year of his terms of service. Entitled to the gratuity pay. When calculating the gratuity pay, it includes the latest basic pay from his salary, but not including any allowances like housing, furniture, conveyance, utilities, travel, overtime pay, recreational, children education allowance, representation allowance and any other bonuses. In case, if the employee terminates on his or her own will before completing a year, will not be entitled to any gratuity pay. The employer cannot deduct any gratuity money unless the employee owes any money to the employer in prior. According to the Title Seven termination of contract and end of service gratuity released by the Ministry of the Human Resource and Emiratization has the notable pointers that are stated below: 

The non-working days without pay shall not be considered in the period of service. In that case, the wage of 21 days (about 3 weeks) for the first five years and the wage of thirty days for the successive years shall be calculated for gratuity 

Employers who have been saving funds for their workers can deposit the stipulated fund into it, in return for the legal obligation regarding the end of service benefits. The amount saved or the duly due gratuity shall be paid to the worker. If the fund is not stipulated with regards to end of service benefits, worker shall receive the amounts due from the savings as well as end if service gratuity 

If an entity has the retirement system, health insurance or any other similar schemes, can choose their benefits between the insurance scheme, money entitled from retirement system or the prescribed gratuity 

In case of death of any workers, his end of service amount will be paid to the beneficiaries thereof 

Gratuity Pay Calculation 

        i. Gratuity Pay for Limited Contract: 

An employee who spent one year or more in continuous service shall be entitled to an end of service gratuity upon his service's termination. The days of absence from work without pay shall not be included in the calculation of the period of service and the gratuity shall be calculated as follows: 

If an employee has served for less than 1 year, he is not entitled to any gratuity pay. 

If an employee has served for more than 1 year but less than 5 years, he is entitled to full gratuity pay based on 21 days’ salary for each year of work. 

If an employee has served more than 5 years, he is entitled to full gratuity of 30 days’ salary for each year of work following the first five years. 

In all cases, the total gratuity shall not exceed the wage of two years. 

       ii. Gratuity Pay for Unlimited Contract: 

In the event where the employer terminates an unlimited contract, calculation will be as follows: 

If an employee has served for less than 1 year, he is not entitled to any gratuity pay. 

If an employee has served more than 1 year but less than 5 years, he is entitled to 21 calendar days’ basic salary for each year of the first five years of work. 

If an employee has served more than 5 years, he is entitled to 30 calendar days’ basic salary for each additional year, provided the entire compensation does not exceed two years’ pay. 

In the event where the employee under an unlimited contract resigns, calculation will be as follows: 

If an employee resigns before completing 1 year of service, he is not entitled to any gratuity pay. 

If an employee has served between 1 and 3 years, he is entitled to one third (1/3) of 21 days’ basic salary as gratuity pay. 

If an employee has served between 3 and 5 years, he is entitled to two-thirds (2/3) of 21 days’ basic salary as gratuity pay. 

If an employee has served more than 5 years, he is entitled to full 21 days’ basic salary as gratuity pay. 

No Gratuity Pay?  According to article 139 of the labor law, in two scenarios employees shall not be able to get gratuity pay benefits. Those reasons are as follows: 

If one terminated from his job in view of avoiding the dismissal there from submitting false certificates, documents, false identity and nationality, workers under probation 

If an employee left the job in his own accord, without notice regarding the contract with undetermined term or prior to completion of five years of continuous service with determined term 

The Ministry of Human Resources and Emiratization of the United Arab Emirates strives to meet the global standards in various aspects and so the law is subject to change, interpret or redefine. It also strives to lessen the jeopardy of litigation. The degrees of success of every redefinition of the legal laws constantly reflect the changes in society itself. Hence, the above stated is not the static law. The law amendments in areas such as end of service benefits, calculation of gratuity will ease settlement. To stay up to date about the latest updates related to the law enforcement by The Ministry of Human Resources and Emiratization, check out our blogs here. 

If you’re an UAE registered employer, unclear about any of the human resource related processes, reach out to us for any type of support. HRBluSky provides cloud-based platforms for all the small and medium enterprises including extensive range of services such as employment visa, employment travel, payroll management system, facial recognition attendance system, employment insurance, employee record management, WPS file generation. Not finding your requirement in the above lists? Any personalized requirement from the clients will also be made at request by our experts. Never hesitate to talk to our experts regarding any queries. Click here to know more. 

[davidmarkweb125]

Resolve tenancy disputes with the help of an expert lawyer It is a wise decision to hire the best legal service Dubai, top lawyers dubai and attorney lawyers Dubai. You must approach the labor law attorney in Dubai or real estate lawyer in uae to get suitable guidance. Experienced and talented lawyers have the ability to handle complex cases, and they represent their clients in an effective manner. https://www.aljasmilaw.com/resolve-tenancy-disputes-with-the-help-of-an-expert-lawyer.aspx

[tanadrin]

but i take a pretty dim view of the modern conception of citizenship in the first place. anybody should be able to participate politically in the life of the polity they live in and work in and pay taxes in; we tolerate some 200-odd apartheid regimes worldwide because most of them are comparatively soft--it is at least possible under law to be naturalized in the United States, or Mexico, or Canada, or Sweden, and so forth, and many countries also observe various jus soli rules that mean children can become citizens of the place they were born. (the absolute jus soli of the United States is rare, and should be treasured.)

in only a few places like qatar are those regimes not only harder, but taken to an absurd extreme: you can have a country so dependent on "foreigners" that 88% of the country is "foreign"--that it would instantly collapse if everybody there went back to their "home" country!--but which still denies the people its entire economy, its basic infrastructure, is dependent on the right of political participation. there are sections of the economy of some large states dependent on migrant labor (agriculture in many parts of the US is one example), but if every "foreigner" left Qatar or Kuwait or the UAE, it would be a catastrophe on par with the country being nuked. plagues don't kill nine in ten inhabitants of a country, outside science fiction scenarios. this is not citizenship on the modern model; it's not even citizenship on the ancient model, outside of, like, Sparta.

[nordholm]

Navigating HR Efficiency: Top Trends for UAE's Nordholm Payroll and HR Solutions

Welcome to the dynamic world of HR and Payroll Services in the UAE, where Nordholm stands as a pioneer in streamlining businesses' processes. In this informative piece, we'll explore essential insights, fun tips, and emerging trends that resonate with our innovative solutions for Payroll and HR services in the UAE.

Discuss how we incorporates cutting-edge technology into its services, enhancing payroll management and HR operations. Cover topics like AI-driven automation, cloud-based systems, and data analytics, highlighting their significance in boosting efficiency.

Delve into the importance of blending technology with human-centric approaches in HR services. Showcase our unique blend of personalized assistance alongside tech solutions, fostering a harmonious workplace culture.

Dive into the evolving landscape of remote work and how Nordholm adapts its Payroll and HR Services to accommodate these shifts. Discuss the challenges and opportunities presented by remote work, emphasizing Nordholm's strategies to ensure seamless operations.

Highlight our commitment to sustainability and how it integrates eco-friendly practices within its Payroll and HR services. Discuss the impact of such initiatives on employee satisfaction and company reputation.

Educate readers on the complexities of UAE's HR regulations and how we assist businesses in staying compliant. Cover essential aspects like labor laws, taxation, and legal requirements, demonstrating Nordholm's expertise in this domain.

Nordholm stands at the forefront of Payroll and HR Services in the UAE, continually evolving and adapting to meet the dynamic needs of businesses. Incorporating innovative tech solutions, personalized approaches, and a keen eye on compliance and sustainability, Nordholm remains a trailblazer in optimizing HR efficiency for companies across the region.

[365proservices]

How PRO Services Simplify Business Setup in UAE

When you're venturing into the world of business setup in the UAE, especially within the bustling free zones of Dubai, you might find the process a bit overwhelming. This is where pro services come to the rescue. In this post, we'll explore how these services can streamline your business setup, making the process smoother and more efficient.

Pro services, or Public Relations Officer services, are specialized support services offered to businesses to handle governmental paperwork and legal documentation.

These services are invaluable when setting up a business in the UAE, where navigating the complex bureaucracy can be challenging. Pro services cover everything from visa applications to company registration, ensuring that all your paperwork is in order and compliant with UAE laws.

Benefits of PRO Services

Using pro services for your business setup in the UAE offers numerous benefits.

Firstly, they save you a significant amount of time. Handling paperwork and legal requirements can be time-consuming, but with a pro service, these tasks are managed efficiently, allowing you to focus on other critical aspects of your business.

Secondly, services ensure compliance with local regulations, minimizing the risk of errors that could lead to delays or legal issues.

Thirdly, they provide expert guidance, as PROs are well-versed in the latest regulations and procedures, ensuring your business setup process is seamless. Finally, utilizing pro services can also save you money in the long run by avoiding fines and penalties due to non-compliance.

Key Services Offered

Pro services encompass a wide range of offerings that are crucial for business setup in the UAE. These include visa processing for employees and dependents, business license applications, document attestation, and renewal of permits.

Additionally, Pro services handle immigration formalities, ensuring that all your staff and their families have the necessary visas and residency permits. They also assist with labor contracts and work permits, ensuring compliance with UAE labor laws.

For businesses setting up in free zones, pro services can help navigate the specific regulations and requirements unique to each free zone, making the process less daunting.

How to Choose the Right Service Provider

Choosing the right pro service provider is essential for a smooth business setup experience in the UAE.

Start by looking for providers with a strong track record and positive client testimonials. Experience matters, so choose a provider who has been in the industry for several years and has a deep understanding of UAE laws and regulations.

Additionally, ensure the provider offers comprehensive services that cover all your business needs, from visa processing to company registration. It's also important to consider the provider's customer service; they should be responsive and willing to answer any questions you may have throughout the process. Lastly, transparency is key. The provider should be upfront about their fees and the services included, so there are no surprises down the line.

In the bustling landscape of business setup in the UAE, particularly within the dynamic free zones of Dubai, Pro services stand out as an invaluable asset. They streamline the setup process, handle all the paperwork, and ensure compliance with local regulations, allowing you to focus on growing your business.

By choosing the right pro service provider, you can navigate the complexities of the UAE's business environment with ease and confidence. So, as you embark on your entrepreneurial journey in the UAE, consider leveraging pro services to simplify your business setup and set a strong foundation for success.

[proservicesdubai12]

Comprehensive Guide to PRO Services in Dubai

Comprehensive Guide to PRO Services in Dubai

Dubai, a bustling metropolis and a global business hub, is renowned for its favorable business environment and strategic location. However, navigating the legal and bureaucratic landscape can be complex for entrepreneurs and expatriates. This is where PRO (Public Relations Officer) services come into play. This blog provides an in-depth look at PRO services in Dubai, their significance, and how they can facilitate your business operations.

What Are PRO Services?

PRO services in Dubai are specialized administrative services designed to assist individuals and businesses in handling governmental procedures and documentation. These services are crucial for ensuring compliance with local regulations, obtaining necessary permits, and managing paperwork efficiently.

Key Functions of PRO Services

Document Processing and Filing

Business Licenses: PRO services handle the application and renewal of various business licenses required to operate legally in Dubai.

Visas: They assist in securing work permits, residence visas, and other necessary visas for employees and dependents.

Trade Licenses: Assistance with obtaining and renewing trade licenses specific to your business activity.

Government Relations

Ministry Interactions: PROs act as intermediaries between your business and various governmental bodies, including the Ministry of Human Resources and Emiratization (MOHRE) and the Department of Economic Development (DED).

Regulatory Compliance: Ensuring your business complies with local regulations, such as labor laws and commercial regulations.

Company Formation

Company Registration: Facilitating the registration process of new businesses, including free zone and mainland company setups.

Documentation: Preparing and submitting required documents for company formation, such as Memorandums of Association and Articles of Incorporation.

Legal and Compliance Services

Labor Contracts: Drafting and managing labor contracts in compliance with UAE labor laws.

Trade Marks: Registering and renewing trademarks to protect intellectual property.

Visa Services

Employee Visas: Processing work visas for employees and ensuring they meet the criteria set by the UAE authorities.

Family Visas: Assisting expatriates with obtaining family visas for their dependents.

Renewals and Updates

License Renewals: Handling the renewal of business and trade licenses before they expire.

Document Updates: Updating records and documents with the relevant authorities as required.

Benefits of Using PRO Services

Expertise and Efficiency

PRO service providers have extensive knowledge of local regulations and procedures, ensuring that all paperwork is handled correctly and efficiently.

Time-Saving

Outsourcing administrative tasks to PRO services allows businesses to focus on core activities and strategic goals, saving valuable time.

Regulatory Compliance

Ensuring compliance with complex and frequently changing regulations can be challenging. PRO services help avoid legal issues and potential fines by staying up-to-date with current laws.

Local Knowledge

PROs have a deep understanding of the local business environment and can navigate the intricacies of governmental processes more effectively than outsiders.

Stress Reduction

Handling bureaucratic processes can be stressful. PRO services alleviate this burden, reducing administrative stress for business owners and expatriates.

[riggabusinesscenter]

Ultimate Guide to Starting a Business in Dubai: Everything You Need to Know

Understanding Dubai’s Business Landscape

Dubai has a diverse and dynamic business landscape, catering to various industries such as trade, tourism, finance, real estate, and technology. It is essential to research and understand the market demand, competition, and potential opportunities for your proposed business idea.

Choosing the Right Business Structure

Dubai offers several business structures, including sole proprietorship, limited liability company (LLC), branch office, and free zone company. Each structure has its own advantages, requirements, and regulations. Selecting the appropriate structure is crucial for your business’s growth, liability protection, and tax implications.

Obtaining the Necessary Licenses and Approvals

Starting business in Dubai, UAE requires obtaining the necessary licenses and approvals from the relevant authorities. These may include trade licenses, commercial licenses, and other industry-specific permits. The process can be complex, so it’s advisable to seek guidance from legal experts or business consultants.

Free Zones: A Viable Option for Foreign Investors

Dubai’s free zones offer attractive incentives for foreign investors, such as 100% foreign ownership, tax exemptions, and streamlined business setup processes. Popular free zones include Dubai Multi Commodities Centre (DMCC), Dubai Internet City (DIC), and Dubai Design District (D3).

Finding the Right Location and Office Space

Choosing the right location and office space is essential for your business’s success. Dubai offers a range of options, from modern office towers to shared workspaces and free zone facilities. Consider factors such as accessibility, infrastructure, and proximity to your target market.

Hiring and Managing a Team

Building a strong and talented team is crucial for your business’s growth. Dubai’s diverse workforce offers a pool of skilled professionals from various backgrounds. However, it’s important to understand the local labor laws, visa requirements, and cultural nuances when hiring and managing employees.

Banking and Financial Considerations

Establishing a business banking account, securing funding, and managing finances are critical aspects of start business in Dubai. Research the local banking system, explore financing options (such as bank loans, investors, or government initiatives), and develop a solid financial plan.

Marketing and Promoting Your Business

With a competitive business environment, effective marketing and promotion strategies are essential for your business’s success. Leverage digital marketing, networking events, tradeshows, and other channels to reach your target audience and build brand awareness.

Complying with Legal and Regulatory Requirements

Dubai has a comprehensive legal and regulatory framework governing business operations. Familiarize yourself with the relevant laws, regulations, and compliance requirements to ensure your business operates legally and avoids penalties or fines.

Seeking Professional Assistance

Starting business in UAE can be a complex process, especially for those new to the region. Consider seeking professional assistance from business consultants, lawyers, or accountants to navigate the process smoothly and avoid costly mistakes.

Start business in Dubai can be a rewarding and lucrative endeavor, but it requires careful planning, understanding of the local business landscape, and adherence to the relevant laws and regulations. By following this ultimate guide and seeking professional advice when needed, you can increase your chances of success in this dynamic and thriving business hub.

[bestbusinesssetupdubai1]

Business setup in Dubai

Business setup in Dubai refers to the process of establishing a business entity within the city of Dubai, which is one of the seven emirates of the United Arab Emirates (UAE). Dubai is a thriving business hub known for its strategic location, robust infrastructure, and business-friendly environment. Here is a detailed explanation of business setup in Dubai:

Mainland Business Setup: Mainland business setup allows businesses to operate within the local market of Dubai and the UAE. It requires partnering with a local Emirati sponsor or a local service agent, depending on the nature of the business activity. The sponsor holds a minority share (typically 51%) in the company, while the majority share can be owned by foreign investors.

Free Zone Business Setup: Free zones in Dubai are designated areas that offer attractive incentives and benefits to businesses. These include 100% foreign ownership, tax exemptions, full repatriation of profits, and simplified procedures. Each free zone in Dubai caters to specific industries or sectors, such as Dubai Multi Commodities Centre (DMCC) for commodities trading, Dubai Internet City (DIC) for technology companies, and Dubai Media City (DMC) for media and advertising companies.

Offshore Business Setup: Dubai also offers offshore company formation through jurisdictions such as JAFZA Offshore and RAK Offshore. Offshore companies are not allowed to operate within the UAE market but are ideal for international business activities, asset holding, or as a vehicle for investment and wealth management. They provide privacy, tax advantages, and ease of administration.

Legal Structures: Dubai offers various legal structures for business setup, including Limited Liability Company (LLC), Sole Proprietorship, Partnership, Branch of a Foreign Company, and more. The choice of legal structure depends on factors such as ownership requirements, liability considerations, and business objectives.

Licensing and Permits: Business setup in Dubai requires obtaining the necessary licenses and permits from the relevant authorities. This includes trade licenses, professional licenses, industrial licenses, and specialized permits based on the nature of the business activity. The requirements vary depending on the type of business and the jurisdiction in which it is established.

Office Space and Infrastructure: Businesses in Dubai need to secure suitable office space or facilities to operate. This can be done through leasing commercial spaces, utilizing shared office spaces, or renting virtual offices. Dubai offers state-of-the-art infrastructure, modern office buildings, and world-class amenities to support business operations.

Visa and Immigration Services: Business setup in Dubai includes visa and immigration services for company owners, employees, and their dependents. This involves obtaining residence permits, work permits, investor visas, and other necessary documents from the Dubai Department of Economic Development (DED) and the General Directorate of Residency and Foreigners Affairs (GDRFA).

Compliance and Regulations: Businesses in Dubai must comply with local regulations, including financial reporting, tax obligations, labor laws, and industry-specific regulations. Compliance requirements vary based on the legal structure and the nature of the business activity. It is important to stay updated with the regulations and engage professional advisors to ensure ongoing compliance.

Dubai offers numerous advantages for businesses, including a strategic location that serves as a gateway to the Middle East, Africa, and Asia, a robust infrastructure, a diverse and multicultural workforce, political stability, and a supportive business ecosystem. However, navigating the business setup process in Dubai can be complex, and it is advisable to seek the assistance of experienced business setup consultants who can guide you through the legal requirements, procedures, and best practices to ensure a successful and compliant business establishment.

[transcendaccounting]

Unlocking Efficiency: Transcend Accounting's Payroll and HR Magic in the UAE

Navigating the complexities of Payroll and Human Resources Management in the dynamic business landscape of the UAE can be challenging. But fear not! With Transcend Accounting by your side, you can streamline these vital processes with ease and efficiency.

Why Choose Transcend Accounting for Your Payroll and HR Needs?

Are you tired of grappling with payroll calculations and navigating the maze of UAE labor laws? Let Transcend Accounting take the reins and handle these tasks seamlessly for you. Our dedicated team of experts ensures that your employees are paid accurately and on time, while also ensuring compliance with local regulations.

The Key Features of Our Payroll and HR Services:

Payroll Precision:

Say goodbye to payroll headaches! Our meticulous approach to payroll processing covers everything from salary calculations to deductions and end-of-service benefits. With Transcend Accounting, you can rest assured that each pay cycle will be handled with precision and care, keeping your employees happy and your business compliant.

WPS Compliance:

In the UAE, compliance with the Wage Protection System (WPS) is non-negotiable. Fortunately, with Transcend Accounting, you can breeze through WPS requirements effortlessly. We ensure that your business adheres to WPS regulations, facilitating smooth salary disbursements through approved financial institutions and protecting the rights of your employees.

Leave and Benefits Management:

Managing employee leave entitlements and benefits administration can be a daunting task. But with Transcend Accounting, it's a breeze! Our comprehensive services include accurate leave record maintenance and transparent benefits administration, ensuring fairness and clarity for all your staff members.

Transcend Accounting offers a lifeline for businesses seeking to streamline their payroll and HR operations in the UAE. With our expertise and dedication to exceptional service, you can wave goodbye to payroll headaches and focus on what truly matters—growing your business. Say hello to effortless payroll and HR management with Transcend Accounting today!

[al-dhaheri-international]

Mediation and Conciliation in Civil and Commercial Disputes: A New Horizon

With the launch of the Mediation Rules by the Dubai International Arbitration Centre effective from 01 October 2023, the UAE has introduced a significant piece of legislation at the federal level, consolidating Mediation and Conciliation specifically in Civil and Commercial Disputes viz. Federal Decree Law №40 of 2023 (the “Decree-Law”) which will come into effect on 29 December 2023, thereby repealing Federal Law №6 of 2021 on Mediation in Civil and Commercial Disputes which regulated both the judicial and non-judicial Mediation; and Federal Law №17 of 2016, as amended by Federal Law №5 of 2021, which governs Conciliation and regulates the establishment of court-annexed Conciliation and Mediation centres for civil and commercial disputes; ushering in a new era for alternative dispute resolution (“ADR”) in the UAE.

By nature, the concept of Mediation and Conciliation is profoundly embedded in Arabic culture and Sharia law, as such, the Decree-Law is a welcome step equally for parties and lawyers alike to progress ADR in the UAE. This move aligns with the UAE’s commitment to signing the Singapore Convention on Mediation, announced in March 2022.

Overview

At the outset, Mediation may be conducted in all civil and commercial disputes capable of settlement without conflicting with the existing laws or the public order and morals prevailing in the UAE, without prejudice to the provisions of the local laws that regulate Mediation. This is in accordance with Article 8 of the Decree-Law, while Article 27 of the Decree-Law states about the exclusive competency of Mediation and Conciliation Centre (the “Centre”) to conciliate civil and commercial disputes (i) whose value does not exceed five million (5,000,000) dirhams; and (ii) between spouses or relatives up to the fourth degree, regardless of their value. The adversaries may agree to resort to the Centre for Conciliation of civil and commercial disputes whose value exceeds five million (5,000,000) dirhams, whether before a case is filed or while it is being heard.

That said, as outlined in Article 28 of the Decree-Law, certain disputes do not fall within the jurisdiction of the Centre viz. (i) urgent and interim orders and cases; (ii) cases to which the government is a party, (iii) rental cases heard before special rental dispute committees, (iv) labor cases, personal status cases; and (vi) any other cases decided to be heard before a Centre, committee or other entity of similar jurisdiction.

Establishment of Centres

The Federal Judicial Council (the “Council”) or the chairman of the local judicial authority may establish one or more Centre(s) for Mediation and Conciliation within the territorial jurisdiction of the first-instance courts; and shall issue pertinent regulations to govern the work and operations of the Centre(s). There is also scope for establishing special Centre(s) for Mediation and branches of foreign Mediation Centre(s); with court or the local judicial authority having supervisory authority on its working and formulating the general policies.

Remote Mediation and Conciliation Platform

Article 4 of the Decree-Law empowers the Mediators and Conciliators to conduct Mediation and Conciliation meetings through electronic means and remote communication, subject to regulations and procedures issued by the Minister of Justice, based on the approval of the Council or the chairman of the local judicial authority.

Mediators and Conciliators Accreditation Processes

The Federal Judicial Inspection Department or the local judicial authority shall maintain a roster for registering Mediators from amongst those registered in the experts’ schedule at the Ministry of Justice or with the local judicial authorities, and the expert Mediators named by a decision of the Council or the chairman of the local judicial authority. Normally they shall be selected from amongst retired members of the judiciary, lawyers registered in the schedules of practicing and non-practicing lawyers. Qualification includes practice of the profession for a period of not less than five (5) years prior to their registration in the non-practicing lawyers’ schedule, and other highly qualified experts and international experts in the legal and business fields, who are known for their expertise, integrity and impartiality. Furthermore, Article 15 of the Decree-Law allows appointment of any natural or legal person, known as Private Mediator, entrusted by the Parties with the task of Mediation to amicably resolve the dispute between them, and not registered on the Mediators’ Lists.

The appointment of Conciliators follows a procedure similar to employment. The Federal Judiciary or the president of the local judicial authority will establish the qualification for the post of a Conciliator. The Conciliators must take a legal oath before assuming their duties, and shall be subject to a specific compensation scheme.

Confidentiality and Non-disclosure

The documents and information submitted or agreements or concessions made by the parties to the disputes submitted for Mediation or Conciliation (the “Parties”), and Mediation and Conciliation procedures as a whole are treated with utmost confidentiality, as envisaged in Article 5 of the Decree-Law; except with the consent of the Parties, or as required by law. Exception further extents to document(s) prepared by the Mediator or the Conciliator and signed by the Parties, including the Settlement reached to resolve the dispute, in whole or in part, between them; and the documents and instruments necessary for its enforcement. Failure by the Mediator or Conciliator to adhere to the confidentiality and non-disclosure obligations stipulated herein, attracts disciplinary actions according to Article 40 of the Decree-Law, without prejudice to the provisions of civil and criminal liability.

Prohibitions on the Mediator and Conciliator

Article 6 of the Decree-Law prohibits the Mediator and Conciliator from acting as an arbitrator or expert in the dispute, or accepting to be an attorney in a dispute against any of the Parties regarding the subject matter of the dispute subject to Mediation or Conciliation, or anything arising from it, even after the completion of the Mediation or Conciliation procedures, unless the Parties agree otherwise. Prohibitions further extents to giving testimony against any of the Parties to the dispute regarding the subject matter of the dispute subject to Mediation or Conciliation, or anything arising therefrom, even after the completion of the Mediation or Conciliation procedures, unless authorized by the concerned party or the Parties agree otherwise, except in cases where the testimony is related to a crime; and in case of acting as a Mediator or Conciliator in a dispute where one of the Parties is a spouse or a relative up to the fourth degree by blood or marriage.

Parallel Mediation and Conciliation Structures

While the previous separate federal laws on Mediation and Conciliation laws are now consolidated, these two parallel structures continue to co-exist under the Decree-Law. Concerning Conciliation, under the court-annexed system, mandatory Conciliation is a prerequisite for specific types of disputes prior to litigation proceedings, and with regards to Mediation, voluntary process that can be initiated either through contractual agreement or by court referral, subject to the Parties mutual consent applies. Here, the chief difference is with the role of the “Mediator” opted by the Parties i.e., while in the Mediation process, the Mediator acts as a facilitator aiding the Parties to arrive at an agreement using the Mediation techniques; however, in the Conciliation process, the Mediator only suggests possible paths to the Parties in order to resolve the dispute. Precisely, both the structures share a common goal, which is amicable resolution of the disputes, whether before, or at the stage of the legal proceedings.

Consensual Mediation

In enforcing the agreement between the Parties made either before or after the occurrence of dispute, with the aim of resorting to Mediation for the Settlement of the dispute (“Mediation Agreement”), the Parties may directly resort to the Center to settle the dispute between them, before filing a lawsuit, as per Article 11 of the Decree-Law. This is Consensual Mediation, the initiation of which interrupts legal and judicial deadlines and only resume upon the completion of the Mediation, unless it is concluded by the Parties signing a Settlement Agreement. The procedures for Consensual Mediation are set out in Article 12 of the Decree-Law. In pursuance of Article 13 of the Decree-Law, the court before which a case is filed regarding a dispute brought before a Mediator in enforcing the Medication Agreement, shall decide suspension of the case until the completion of the Mediation procedures, if the defendant urges therefor before making any request or submission on the merits, unless the court finds that the Mediation Agreement is void or impossible to be enforced. The filing the case shall not however, preclude the initiation or continuation of Consensual Mediation procedures.

Court-Referred Mediation

Court-Referred Mediation occurs by virtue of a referral decision made by the subject-matter court competent to hear the lawsuit (“Competent Court”), at any stage of the case, whether proposed by the court with the Parties’ consent or upon their request. Article 14 (3) stipulates that the referral decisions issued by the Competent Court cannot be appealed by any ordinary or extraordinary means of appeal. Mediation shall end as per Article 21 of the Decree-Law if the Parties (i) sign a Settlement Agreement; (ii) agree to end the Mediation before reaching a Settlement Agreement for any reason; (iii) if one of the Parties informs to the Mediator or the Centre of their wish to participate in or continue Mediation; (iv) if the Mediator notifies the Centre, in writing or electronically, that the Mediation: (a) is futile and that there is no possibility of reaching a resolution to the dispute; (b) has been ended due to the absence of any of the Parties from two consecutive Mediation sessions without excuse; and (v) if the Mediation period expires without being renewed.

In all the above cases, the Mediator shall, upon the end of Mediation, deliver to each party any memoranda and documents they presented, and they may not retain them or copies thereof, and shall send a written or electronic report to the Centre on the result of the Mediation within three (3) working days from the date of ending the Mediation for any reason. The Centre shall notify the Parties and the Competent Court, within three (3) days, of the report and the result of the Mediation.

End of Mediation

Mediation if concluded successfully can end by signing the Settlement Agreement. The ratification process of the Settlement Agreement follows three tiers. i.e., from the Mediator to the Centre and finally to the Court. The Mediator shall submit a report to the Centre along with the Settlement Agreement, which the Centre shall send it to the Court within 3 working days. As a final step, the Court shall ratify the Settlement Agreement and issue a decision to end the dispute, wholly or partially, at a session to be scheduled within seven (7) working days from the date of its receipt of the Settlement Agreement. After its ratification, the agreement shall become a writ of execution and an exequatur shall be affixed thereto upon the request of all Parties or one of them, in light of the terms of the agreement submitted to it, and shall be executed according to the procedures stipulated in the Federal Civil Procedure Law.

That said, the aggrieved party has the rights to object or challenge ratification of the Settlement Agreement, by filing an annulment case before the competent Court. The party seeking annulment shall prove one of the reasons viz. (i) lack of legal capacity of one of the Parties to the Settlement Agreement or diminished capacity at the time of its conclusion, (ii) no Settlement Agreement or if the agreement was void or voidable, or if it was made after the expiry of the Mediation period; or (iii) if one of the Parties was unable to present their defence due to invalid service of process or notification of the Mediation procedures or due to them not having been aware thereof for any other reason beyond their control. Pursuant to Article 24 (2) of the Decree-Law, the judgment issued by the court in the annulment case shall be final and can only be appealed through cassation.

Settlement before the Conciliator

If a settlement is reached between the Parties before the Conciliator, either in whole or in part, this shall be recorded in a minutes signed by the Parties and the Conciliator. These minutes shall be ratified by the Supervising Judge, have the force of a writ of execution and the same binding force of court judgments, and are not subject to appeal by any means of appeal. Upon ratification, the minutes shall be affixed with an exequatur upon the request of all or any of the Parties, free of charge, and shall be executed in accordance with the procedures stipulated in the Federal Civil Procedure Law.

Conclusion

The enactment of the Decree-Law marks a pivotal moment for Mediation and Conciliation in the UAE, offering a unified platform for resolving disputes not just in property and construction disputes but in other Civil and Commercial disputes as well.

Recommendation

Whether you are navigating construction disputes, real estate intricacies, or commercial contracts, having a reliable Dubai Lawyer is crucial in providing comprehensive services across various legal domains. Dubai Lawyers and Dubai Law Firms play a pivotal role in addressing a spectrum of legal needs. Considering the legal landscape in Dubai, individuals and businesses can benefit from the expertise of seasoned Dubai Lawyers.

Our record of representing clients in Mediations and ADR procedures throughout the UAE speaks volume. Thus, we recommend for a comprehensive understanding and implementation of the new legislation, consider consulting the seasoned lawyers at Al Dhaheri International Advocates & Legal Consultants, renowned for their expertise in mediation and alternative dispute resolution throughout the UAE.

                                                                    Written by — Dr. Sherina M. Saji

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This day in history

I'll be at the Studio City branch of the LA Public Library on Monday, November 13 at 1830hPT to launch my new novel, The Lost Cause. There'll bei a reading, a talk, a surprise guest (!!) and a signing, with books on sale. Tell your friends! Come on down!

#20yrsago We’ve had Napster since 1909, and the sky still hasn’t fallen http://earlyradiohistory.us/1909musi.htm

#10yrsago Fruitfly evolved pictures of ants on its wings https://www.thenationalnews.com/uae/science/fruit-fly-with-the-wings-of-beauty-1.364064/#ixzz2jhxlLGaH

#10yrsago Rich America versus Poor America: stats about the wealth gap https://web.archive.org/web/20131108055750/https://www.zerohedge.com/news/2013-11-07/which-america-do-you-live-–-21-hard-believe-facts-about-wealthy-america-and-poor-ame

#10yrsago Letter from a Chinese forced-labor camp found in Kmart Hallowe’en decorations https://consumerist.com/2013/11/07/inside-the-chinese-labor-camp-that-made-halloween-decorations-sold-at-kmart/

#10yrsago Employment advice for Millennials https://medium.com/the-nib/six-totally-easy-tips-for-millennials-to-get-ahead-in-todays-economy-5451617c78de

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#10yrsago Toronto’s crack-smoking mayor, covered in the style of foreign affairs https://www.washingtonpost.com/news/worldviews/wp/2013/11/06/canadian-regime-roiled-by-provincial-scandal-sparking-fears-of-instability/

#5yrsago Talking about the DMCA and 20 years of tech law malpractice on PRI’s Marketplace https://www.marketplace.org/shows/marketplace-tech/20-year-old-digital-copyright-law-still-being-fought-about-and-copied-today/

#5yrsago Wells Fargo cuts 26,500 jobs, shutters branches, declares “excess capital” and drops $40.6 billion on stock buybacks https://rooseveltinstitute.org/2018/11/07/what-wells-fargos-40-6-billion-in-stock-buybacks-could-have-meant-for-its-employees-and-customers/

#5yrsago 90% of Canadians want to kill future Saudi arms deals https://angusreid.org/saudi-arabia-canada-khashoggi/

#1yrago Tech a la carte https://pluralistic.net/2022/11/08/divisibility/#technognosticism