Category: Legal Matters

DUBAI, In his capacity as the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister, issued Law No. (17) of 2022 on Dubai’s Endowments and Minors’ Trust Foundation.

His Highness also issued Law No. (18) of 2022 affiliating the Mohammed Bin Rashid Global Centre for Awqaf and Endowment to the Foundation.

Law No. (17) of 2022 applies to the Awqaf and Minors Affairs Foundation, which was created pursuant to Law No. (9) of 2007. The name of the foundation will be changed from Awqaf and Minors Affairs Foundation to Endowments and Minors’ Trust Foundation.

Designed to support the UAE’s vision for social development and welfare, Law No. (17) of 2022 specifies the mandate, functions, responsibilities and organisational structure of the Foundation.

The Law also outlines the duties and responsibilities of the Foundation regarding the management of Shariah-compliant endowments (Waqf) and donations, except those generated by mosques; and the powers granted to the Foundation to invest endowment funds in Shariah-complaint investments.

Law No. (17) of 2022 also defines the Foundation’s functions related to the management of minors’ funds.

According to Law No. (17) of 2022, a special Register of Wills created by the Foundation will list wills issued pursuant to a court decision or ruling. Under the new Law, endowments are exempted from fees, taxes and litigation fees.

Law No. (17) of 2022 replaces Law No. (9) of 2007 pertaining to the formation of the Awqaf and Minors Affairs Foundation. The new Law also annuls any legislation that may contradict it.

Regulations and decisions issued to implement Law No. (9) of 2007 will continue to be in place, as long as they do not conflict with the provisions of the newly issued Law, until regulations and decisions replacing them are issued.

His Highness Sheikh Mohammed bin Rashid also issued Law No. (18) of 2022 pursuant to which the Mohammed Bin Rashid Global Centre for Awqaf and Endowment will be affiliated to the Endowments and Minors’ Trust Foundation.

Law No. (18) of 2022 annuls Law No. (17) of 2017 pertaining to the formation of the Centre, and Law No. (11) of 2018 pertaining to the affiliation of the Center to the Awqaf and Minors Affairs Foundation.

Regulations and decisions issued to implement Law No. (14) of 2017 pertaining to the regulation of endowments and donations in Dubai, and Law No. (17) of 2017 will continue to be effective, provided they do not conflict with the provisions of Law No. (18) of 2022, until regulations and decisions replacing them are issued.

Law No. (17) and Law No. (18) of 2022 are effective from the date of their publication in the Official Gazette.

Source: Emirates News Agency

DUBAI, The new law on domestic helpers aims to regulate the employment relationship of domestic helpers in the UAE, as well as set and balance the rights and responsibilities of all relevant parties involved, the Ministry of Human Resources and Emiratisation (MoHRE) said on Tuesday.

Under the new law, which will come into effect on 15th December 2022, domestic helpers may not be recruited from their home country before being informed of the nature of work and the wages, as well as presenting evidence of their fitness, health, psychological, and professional competence to complete the work required.

Recruitment offices, whether directly or through third parties, are prohibited from accepting a commission in return for obtaining work or incurring any expenses from the domestic helpers.

The decree also covers the obligations of recruitment agents, which include treating domestic helpers in a humane way, not exposing them to violence, and raising their awareness of the relevant authorities they must contact if their rights are violated.

Agents must also provide domestic helpers with a booklet with details of their wages or other related information to ensure that they receive the correct wages, in line with the mechanisms determined by MoHRE.

Recruitment agents must cover the cost of returning domestic helpers to their home countries and either provide a substitute helper or refund the amount paid by the employer, in line with the decisions issued by the ministry.

“The UAE continues to establish a legislative framework that safeguards domestic helpers, in line with its mission to establish the country’s pioneering status as a preferred global destination to live and work,” the ministry stressed in a statement.

“The ministry is keen on building on the UAE’s achievements in supporting domestic helpers by committing to its role in overseeing the enforcing laws, decisions, and legislation that would regulate recruitment and employment of domestic helpers in line with international best practices during the contractual period.”

“The new law sets a comprehensive legal framework that outlines the obligations of both parties and helps recruitment offices to provide exceptional services that achieve comfort, satisfaction, and happiness for employers and employees alike. It also protects the rights of domestic helpers and meets the aspirations of both parties, which contributes to reduced labour disputes and enhances the UAE’s competitiveness.”

The decree-law identifies the responsibilities of employers, which include maintaining the appropriate environment for performing the agreed upon work; providing suitable living accommodations for the domestic helpers; providing meals and appropriate clothing to enable the helpers to perform their duties as long as they were hired on a full-time basis and not on temporary contracts, except if agreed otherwise.

The employer’s obligations also include paying the wages of domestic helpers as per their contracts; covering the costs of medical treatment for domestic helpers under the framework the UAE’s health system; treating domestic helpers in a manner that preserves their dignity and integrity.

Furthermore, the employer may not make the domestic helper work for others except if this is part of the terms and conditions as stipulated in the executive order of the decree-law and the decisions issued by MoHRE.

The employer is also prohibited from employing any domestic helper unless he or she is licenced to do so. Also, the domestic helper should not be asked to work for others or in a profession different from the nature of his work mentioned in the work permit, except under the helper’s consent and if it is one of the professions mentioned in the executive regulations of this law-decree.

The decree gives the domestic helper the right to keep his/her own identification documents while granting the heirs of the domestic helper who died during service the wage for the month in which he/she died and any other entitlements.

The decree dealt with the obligations of the domestic helper, as it stipulated that he or she must perform the work according to the direction and supervision of the employer and in accordance with what is specified in the contract, take the necessary care and not stop work without an acceptable excuse, in addition to observing the customs and traditions of the UAE society and adhering to public morals and the instructions of the employer regarding the implementation of the agreed work unless it is in violation of the contract, the law, public morals, or what exposes it to danger or legal accountability.

The domestic helper must also respect the privacy of the workplace, preserve the employer’s property, work tools and everything in his custody, and not use them outside work except with the approval of the employer, and not to work under any form except under a work permit issued to him/her by the ministry and in accordance with the applicable conditions.

The new law stipulates that the recruitment or temporary employment of domestic helpers shall not be allowed unless after obtaining a licence from the ministry, and that the recruitment or employment of domestic helpers shall not be permitted except in accordance with the conditions and procedures stipulated in this Law and its Executive Regulations.

It also stipulates that the recruitment or employment of a domestic helper under the age of 18 is prohibited, and in the event of the recruitment or temporary employment of domestic helpers, there must be no discrimination among them on the basis of race, sex, religion, nationality, social status, or disability, which would weaken equal opportunities or prejudice equality in obtaining or continuing a job and enjoying its rights. It also prevents any form of forced labour or any practice that falls within the framework of human trafficking in accordance with the laws issued by the country or ratified agreements.

According to the law, the domestic helper is entitled to a weekly rest day as determined by the executive regulations of this law. The helper may be employed on his or her weekly rest day but in this case he/she is entitled to an alternative rest day or a cash equivalent to that day, and the helper’s daily rest must not be less than 12 hours per day, subject to a minimum of at least eight continuous hours’ rest.

The annual leave should not be less than 30 paid days for each year, and if the domestic helper is asked to work during all or part of his/her annual leave, and the period is not carried over to the following year, the employer must grant the helper the wages plus a leave allowance equal to his/her wages for the days he/she worked in that period, bearing in mind that the domestic helper may not be asked to work during his/her annual leave more than once during two consecutive years.

If the domestic helper wishes to travel to the home country to spend his/her annual leave, the employer shall pay the value of a two-way ticket once for every two years, and if the two parties agree to terminate or not renew the employment contract after the annual leave, the employer shall pay for a one-way ticket only.

The law grants the domestic helper the right to transfer to a new employer, provided that all contractual requirements specified in the contract are fulfilled, taking into account the rights of the original employer, and in accordance with the conditions and procedures in force by the ministry, and the employer shall not be bound by the expenses of the helper returning to his/her country if he/she joins another job, in accordance with the provisions of this Law and its Executive Regulations.

According to the law, in the event of a dispute between the employer and the domestic helper and the inability to settle it amicably, it must be referred to MoHRE, which has the right to take a decision as it deems appropriate to settle the dispute amicably in accordance with the procedures stipulated in the executive regulations of this law. If an amicable settlement is not possible within the specified period, the dispute shall be referred to the competent court.

The law obliges both the parties to the contract with the approved occupational health and safety requirements and health prevention methods in accordance with the provisions of the executive regulations of this law and any other legislation in force in the country.

The law stipulates that the contract is concluded between the office of domestic helpers’ recruitment and the employer to regulate the obligations related to the recruitment of the domestic helper, provided that the contract includes in particular the period specified for the implementation of the recruitment procedures and the conditions specified by the employer for the domestic helper whom the office is entrusted to recruit, in addition to the basic rights and obligations that the employer is obligated by towards the helper, especially the type of work, the wages and the financial obligations necessary for the travel of the domestic helper from his/her home country to the UAE, and in return for the services.

The Law allows the employer to refuse to employ the domestic helper if the recruitment office violates the terms agreed upon in the contract. In this case, the provisions stipulated in the executive regulations of this Law and any relevant decisions issued by the ministry regarding the provision of an alternative domestic helper or reimbursement of recruitment fees to the employer should be applied, without prejudice to the right of the employer to demand compensation from the recruitment office for any damage that the employer may incur as a result of the contract breach.

Source: Emirates News Agency

DUBAI, The Ministry of Human Resources and Emiratisation (MoHRE) announced on Tuesday that an “Unemployment Insurance Scheme” for employees of the federal government and the private sector has come into force.

The Decree-Law on Unemployment Insurance Scheme stipulates that the insured will be compensated with a cash amount for a specific period of time if they lost their job until they find another employment opportunity, subject to terms and conditions.

The new system provides a “social security scheme that ensures the sustainability of a decent life for Emiratis and resident employees during their unemployment period, while reducing business risks,” the ministry said. “It also aims to enhance the competitiveness of the UAE nationals, boost the attractiveness of the UAE’s job market for the best international and national talents and contribute to building a competitive knowledge-based economy that is among the best globally.”

The compensation will be paid monthly, calculated at 60 percent of the employee’s subscription salary and subject to a maximum of AED20,000 per month, for no more than three months from the date of their unemployment.

Dr. Abdulrahman Al Awar, Minister of Human Resources and Emiratisation, said, “The decree reflects the UAE government’s approach in developing the business environment and enhancing the UAE’s position as a preferred destination to work and live, which is confirmed by global indices. Reports showed the preference of people worldwide to work and settle in the UAE because of the advantages it provides in terms of security, safety, job benefits, as well as the level of education, health, and quality of life.”

He added,“The UAE prioritises preserving human dignity, and this decree enhances the legislative environment to safeguard the rights of all employees in the country – Emiratis and residents alike and provides them with the best means of care at all levels. This contributes to enhancing the stability and prosperity of society, which is among the top priorities of our wise leadership.”

The terms and conditions of the new law apply to all employees in the federal government and the private sector in the UAE, except for investors (owners of the establishments in which they work), domestic helpers, part-time employees, juveniles under the age of 18, and retirees who receive a retirement pension and have joined a new job.

The law stipulates that to be eligible for compensation, the employee must have been insured for no less than 12 continuous months, calculated from the date of subscription in the insurance system. In addition, the beneficiary shall not have been dismissed from their work for disciplinary reasons, as outlined in the provisions of the Law on Regulating Labour Relations and the Human Resources Law in the Federal Government and any relevant legislation in force.

Furthermore, the compensation claim should not be through fraud or deception. If it is found that the establishment in which the employee works is not real, the penalties stipulated in the Law on Regulating Labour Relations and any other legislation in force in the country shall apply to the establishment as well as the insured.

Lastly, the compensation shall be suspended once the employee joins another job during the compensation period.

The insured may agree on additional benefits with the service providers – the insurance companies licensed by Central Bank of the UAE and fulfil the conditions for providing unemployment insurance, which are issued by the UAE Cabinet after consulting with the Central Bank of the UAE. Also, service providers may include other government entities assigned by the UAE Cabinet to provide unemployment insurance services.

The compensation to which the insured is entitled under this Decree-Law shall not influence any other compensation or entitlements outlined under any other legislation in force in the UAE.

Source: Emirates News Agency

DUBAI, The Ministry of Human Resources and Emiratisation’s (MoHRE) participation at GITEX Global, the world’s largest tech show that is being held this year from 10th to 14th October, 2022, in the Sheikh Saeed Hall at the Dubai World Trade Centre, will revolve around showcasing its latest smart systems, including the rapidly-updated MoHRE app.

In line with its directives to digitally transform its services, the ministry will showcase its prominent smart services to serve customers, such as the awareness programme as part of the self-guidance service, the new communication channel via WhatsApp, in addition to its smart application, smart communication system, the Nafis platform, and the open data system.

The self-guidance awareness service on the ministry’s app can be accessed with the UAE Pass, enabling workers to complete the awareness programme in 16 languages and watch a 20-minute video on their rights and responsibilities, as well as the social norms and traditions followed in the UAE society.

The self-guidance service also includes raising awareness on how to file a labour complaint and communicating with the ministry through its channels.

The ministry will also showcase its latest communication channel with its customers, which was recently launched through WhatsApp in Arabic and English. MoHRE is the first federal entity to have a verified business account on the app. The new channel allows employers, labourers, domestic helpers, and other segments of the public to communicate flexibly and easily round-the-clock with the ministry.

Users can view the Federal Decree-Law on the Regulation of Labour Relations in the private sector and its executive regulations, the Federal Law on Domestic Helpers, and other ministerial resolutions regulating the labour market in a reliable and approved manner that protects the privacy of customers’ data.

MoHRE will also showcase its smart app at GITEX, which conducts transactions of establishments and domestic helpers quickly and safely and keeps them informed of the status of their licences to avoid fines and violations. The application provides a virtual labour market service that allows users to apply for job offers.

Users can benefit from the latest updates on the app, including grievance service, self-assessment service, guidance service, and cancelling a labourer who has a labour case. A control panel has also been added to the app that reflects Emiratisation information in G2G application with updated links such as the labour market e-magazine, privacy policy, and the UAE Government Charter for Future Services.

The updated app also includes the establishment’s category history in the control panel, the service to cancel an employee outside the country, open an establishment, and update an establishment. It also has an option for three visits – a job offer application, a work contract, initial approval of a work permit, payment of the initial approval fee for a work permit, and the delivery of a work contract. There were other services launched for domestic helpers such as end-of-service account service, registering a labour complaint, and registering a complaint on late payment of wages.

The updated services include the cancellation of an unused work permit, cancellation of a temporary work permit, cancellation of a deceased employee records, cancellation of an employee for infectious disease, and cancellation of a used work permit.

MoHRE has also introduced via its app a dashboard for domestic helpers who can see personal documents, issue a new residency, cancel an entry permit, and make a status modification.

The new smart app update also introduces the press and hold feature, enabling users to move to the required page automatically. It also links smart services, enhancing the quality of services and increasing usage frequency.

The app uses artificial intelligence and big data to provide an improved interface. The application design also combines innovation with technology while offering the best user experience, considering the simplicity of browsing and design, and the flow and interdependence of services to ensure consistency of the experience.

With the smart communication system, MoHRE has become the first government entity to implement the system proactively, as it completes digital transactions while working remotely and provides e-services round-the-clock. In addition, the system has smart features that allow checking attachments and transaction data for 40 remote services, supporting MoHRE’s smart and digital transformation journey.

One of the ministry’s key objectives in its GITEX participation is to introduce visitors to Nafis, a federal government programme that aims to boost the competitive efficiency of Emiratis and enables them to take up jobs in the private sector in the coming five years. As one of the programmes under the ‘Projects of the 50’ initiative, Nafis aims to contribute to UAE’s overall development.

The programme eyes improving the Emirati human development framework and preparing productive talent in the private sector to achieve the goals of effective economic participation in a way that supports the country’s economy and builds a partnership between the public and private sectors. It lays the foundations for providing 75,000 jobs in the private sector during the next five years for Emiratis and provides them with guidance, vocational training, and advice to enhance the attractiveness of the private sector.

Visitors to the ministry’s stand at GITEX will learn about the open data policy for continuous development by being open to customers, providing the data and information they need transparently and smoothly, and being informed of their views on the ministry’s services and activities, where open data can help invent new products, services, and applications. It saves customers’ time and effort and motivates them to innovate.

MOHRE’s participation is an opportunity to learn about the latest technologies used in developing the transformation system and achieve the vision of the UAE’s leadership to keep pace with the future and benefit from the experiences of other entities in information technology.

Source: Emirates News Agency

DUBAI, DP World Chairman and CEO Sultan Ahmed Bin Sulayem visited Pakistan last week, where he pledged logistics support and donated US$2.5 million to help people in the south of the country following the recent devastating floods.

 

After visiting flood-affected areas, the Chairman met with Pakistan’s President Arif Alvi and Chief of Army Staff General Qamar Javed Bajwa. DP World donated US$1 million to the Pakistan Army Fund for Flood Affectees and pledged another US$1.5 million in relief items, including shelter, medication, food items, and cooking implements.

 

The donations are through the DP World Foundation, which was launched in April to carry out humanitarian work and facilitate initiatives financed by the public and private sectors.

 

“The devastation and impact on Pakistan are heart-breaking. Visiting areas affected by natural disasters always forces you to put things into perspective as you try to fathom the enormity of the situation. It could be months before we understand the scale of the damage. However, for now, we must look at the most efficient ways to extend relief to aid local communities in distress,” said Bin Sulayem.

 

Warehousing space at DP World’s facilities in Karachi will be set aside for logistics support, with DP World covering the cost of warehousing and stock management.

 

“The disaster is much worse than what most people realise. With more than one-third of the country affected, Pakistan’s economy has suffered a devastating blow that will run into the billions. As leaders representing the global business community, it is imperative to identify immediate support and relief for the people of Pakistan. We must collaborate closely with government institutions and join hands with private partners or NGOs, to mobilise support across the community,” he added.

 

DP World has provided expertise and resources to help the humanitarian community respond to major disasters since signing an agreement with the UN’s World Food Program in 2017. The company uses its experience as a global trade enabler working across six continents to help connect organisations, communities and individuals with the resources they need during emergencies.

 

Source: Emirates News Agency

DUBAI, The Ministry of Human Resources and Emiratisation (MoHRE) has announced that labourers can now complete the Awareness Programme requirements through the newly launched ‘self-guidance’ service on its app.

 

The service is available in 16 languages – Arabic, English, Urdu, Hindi, Malayalam, Tagalog, Chinese, Bengali, Pashto, French, Spanish, Sinhala, Nepali, Dutch, Russian and Swahili. Users will need to watch a 20-minute video that explains their rights and responsibilities, as well as the UAE’s culture and social norms.

 

Qasim Jameel, Director of Guidance at MoHRE, said, “The new initiative is part of the ministry’s digital transformation plan, which aligns with the UAE Digital Government Strategy. The new service aims to enhance the capabilities of the job market and facilitate employers’ and employees’ use of MoHRE’s services.”

 

“The ministry successfully transformed all guidance services to become digital, offering users multiple channels to reach their desired service, whether through the guidance services centres or via the app,” he added.

 

“The self-guidance entails raising awareness about the rights and responsibilities, and other aspects such as working hours and leave entitlements, as well as it educates labourers about the UAE’s culture and social norms.”

 

Source: Emirates News Agency